In a recent ruling, a federal judge in Arkansas dismissed a lawsuit filed by 17 states challenging federal rules that provide workers with time off and other accommodations for abortions. Led by Arkansas and Tennessee, Republican attorneys general from each state filed the lawsuit against the Equal Employment Opportunity Commission (EEOC) in April, shortly after the agency published rules for implementing the Pregnant Workers Fairness Act.

The 2022 law requires employers to make "reasonable accommodations" for pregnant or postpartum employees, including time off for prenatal appointments, additional bathroom breaks, and permission to carry snacks. The rules also allow workers to request time off to undergo an abortion and recover from the procedure.

The lawsuit argued that the regulations exceed the scope of the bipartisan-supported 2022 law. However, the judge ruled that the states lacked standing, stating, "The States' fear of overreach by one branch of the federal government cannot be cured with overreach by another."

Arkansas Attorney General Tim Griffin expressed disappointment in the court's decision and stated that he will explore all legal options. The other states participating in the lawsuit include Alabama, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Missouri, Nebraska, North Dakota, Oklahoma, South Carolina, South Dakota, Utah, and West Virginia.

Another federal lawsuit challenging the EEOC regulations is pending in Louisiana. The U.S. Conference of Catholic Bishops and other religious groups have filed a separate legal action in the U.S. District Court for the Western District of Louisiana, seeking to delay enforcement of the rules. This case has been consolidated with a lawsuit filed by the attorneys general of Louisiana and Mississippi.

The American Civil Liberties Union (ACLU) and over 20 labor and women's advocacy groups, including A Better Balance, have filed amicus briefs in support of the EEOC rules. They argue that the rules should take effect as scheduled, emphasizing their importance in successfully implementing the Pregnant Workers Fairness Act. These groups have cited numerous examples of pregnant workers who have experienced denied accommodations in violation of the law.

The EEOC, in its regulations, maintained that it was following decades of legal precedent that recognize abortion as part of pregnancy anti-discrimination laws. Supporters of abortion rights have hailed the protections offered by the EEOC rules, particularly in light of the recent Supreme Court ruling that overturned the constitutional right to abortion. These protections are especially crucial for women in states with strict abortion restrictions, who may have to travel long distances to access the procedure and require time off to do so.

While the dismissal of the lawsuit in Arkansas is seen as a victory for pregnant and postpartum workers across the country, the outcome of the pending case in Louisiana remains uncertain. The legal battles highlight the ongoing debates surrounding workplace accommodations for pregnant employees and the sensitive issue of abortion rights.