Second Circuit Split Over NY Employer Health Bias Law Challenge

Jan. 27, 2026, 7:23 PM UTC

Second Circuit judges butted heads Tuesday over whether an anti-abortion pregnancy center has standing to challenge two New York laws that prohibit employers from discriminating against employees based on their reproductive health choices.

The Evergreen Association Inc. wants the court to overturn a ruling that the organization lacks standing because it hasn’t been harmed by the state and city laws. New York City and the state said during oral arguments they don’t plan to enforce their respective laws against the organization, leading judges to wonder whether that would render the case moot.

“Isn’t the way we should think about that ...

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