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ARTICLE · 21 JUNE 2024

EEOC's Pregnancy Rule Survives Initial Challenge

Acoalition of state attorneys general filed suit in April against the Equal Employment Opportunity Commission (EEOC) and its recently enacted pregnancy rule in the U.S. District Court...

United StatesEmployment and HR

Acoalition of state attorneys general filed suit in April against the Equal Employment Opportunity Commission (EEOC) and its recently enacted pregnancy rule in the U.S. District Court for the Eastern District of Arkansas. Previously, Tennessee Attorney General Jonathan Skrmetti had requested a preliminary injunction to prevent the Pregnant Workers Fairness Act from being enforced.

On June 14, though, U.S. District Judge D. P. Marshall Jr. rejected the request for a preliminary injunction as moot. Judge Marshall Jr. found that the states could not show a likelihood of irreparable harm and dismissed the case without prejudice.

In particular, Judge Marshall Jr. found, "This case presents a narrow disagreement over a few words, a disagreement that seems unlikely to flower into few, if any, real world disputes, especially given the undisputed reach of the new Act and the unchallenged portions of the implementing regulation [and t]he States' fear of overreach by one

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