Judge dismisses lawsuit challenging federal rules to accommodate abortions for workers

A lawsuit filed by 17 states challenging federal rules entitling workers to time off and other accommodations for abortions lacks standing, a federal judge in Arkansas ruled on Friday.

Republican attorneys general from each state, led by Arkansas and Tennessee, sued the Equal Employment Opportunity Commission in April, days after the agency published rules for employers and workers to implement the Pregnant Workers Fairness Act, a 2022 law requiring many employers to make “reasonable accommodations” for pregnant or postpartum employees.

In addition to more routine pregnancy workplace accommodations like time off for prenatal appointments, more bathroom breaks, or permission to carry snacks, the rules say that workers can ask for time off to obtain an abortion and recover from the procedure.

The lawsuit filed in federal court in Arkansas argued the regulations go beyond the scope of the 2022 law that passed with bipartisan support.

Eastern District of Arkansas U.S. District Judge D.P. Marshall, Jr., who was appointed to the bench by former President Barack Obama , denied the states’ request for a nationwide preliminary injunction on the federal rules, which are scheduled to go into effect on Tuesday.

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