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.