EEOC continues to defend its PWFA regulations, harassment guidance

The U.S 8th Circuit Court of Appeals recently heard the appeal of 17 Republican state attorneys general (AGs) over the abortion-related parts of Equal Employment Opportunity Commission’s (EEOC) Pregnant Workers Fairness Act (PWFA) regulations. The district court in Arkansas had dismissed the state AG’s lawsuit, alleging they didn’t have standing. On appeal, they argued the regulations will require them to “facilitate workers’ abortions”—including “elective abortions of healthy pregnancies” that are illegal under state law—or face a federal lawsuit.

In a separate district court in Louisiana, a federal judge held similar challenges by a different group of Republican state AGs did have standing. The first group of state AGs had planned to point to that ruling in their appeal to the 8th Circuit to try reverse the lower court’s decision in their case. Another issue is whether the Supreme Court’s decision in Loper Bright—which was handed down after the Arkansas district court’s decision—will affect the 8th Circuit’s decision.