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8th Circuit allows states’ lawsuit over EEOC abortion accommodation rule to continue

  • The 8th U.S. Circuit Court of Appeals allows states' lawsuit against the EEOC abortion accommodation rule to continue.
  • The court ruled that the states had standing to challenge the rule as they faced injury from the agency's inclusion of abortion as a "related medical condition" for which employers must provide accommodations.
  • The decision allows the challenge to move forward, but the future of the rule itself is uncertain given the regulatory shifts by the incoming Trump administration.
  • The states alleged violations of the rule being arbitrary, capricious, exceeding the agency's statutory authority, and violating the First Amendment guarantee of free speech.

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