Federal court rules for Tennessee in challenge of abortion protections

Tennessee and 16 other states were granted standing to challenge protections for state and federal workers seeking abortions. Photo: Getty Images)

A federal court on Thursday overturned a lower court ruling, giving new life to a suit filed by Tennessee and 16 other states that challenges protections for private, state and federal workers seeking abortions. 

The 8th Circuit Court of Appeals in St. Louis, Missouri ruled the states have standing to challenge the Pregnant Workers Fairness Act, enacted by Congress in 2022 and put into place by the Equal Employment Opportunity Commission (EEOC).

The act stipulates employers must make reasonable accommodations to the “known limitations related to the pregnancy, childbirth, or related medical conditions” of employees, including termination of pregnancy by abortion. 

In September, the U.S. District Court for the Eastern District of Arkansas ruled the state of Tennessee and other plaintiffs lacked standing to sue on the grounds they failed to establish any injury or imposition. 

New rules protect pregnant workers, but red states sue over abortion provisions

According to Thursday’s ruling, which was written by Chief Judge Steven Colloton, the 8th Circuit found only that the plaintiffs have standing and did not rule on the merits of the case — while also noting the abortion clause would force the states to provide accommodations they otherwise would not. 

Tennessee Attorney General Jonathan Skrmetti and Arkansas Attorney General Tim Griffin led the coalition of states — all of which restrict access to abortions — that filed a challenge to the measure in April. 

“The Pregnant Workers Fairness Act is a sensible bipartisan law to help pregnant women. The Biden-era EEOC’s attempt to turn a good law into an ideological weapon to force broad elective abortion accommodations is illegal,” said Skrmetti in a statement. “The EEOC’s unlawful regulations undermine the constitutional authority of the people’s elected representatives and we are vindicated by the Court’s decision to let our suit proceed.”

Proponents of the law questioned the court’s decision.

“The decision by the Eight Circuit to allow the challenge to the EEOC’s regulations for the Pregnant Workers Fairness Act to proceed in spite of all existing legal precedent is outrageous and without standing,” said Inimai Chettiar, President of A Better Balance, a national nonprofit legal advocacy organization dedicated to work-family justice. The organization was part of a coalition of groups that signed an amicus brief in support of the EEOC.

Tennessee has one of the strictest abortion policies in the U.S., prohibiting the procedure in all but narrow exceptions, including ectopic pregnancies.
EEOC pregnant workers fairness act

Editor’s note: This story has been updated since original publication.