A federal judge in the United States has prevented a federal agency from enforcing a rule created by President Joe Biden’s administration that requires firms to accommodate employees who had abortions or get specific fertility treatments against members of a national Catholic employers’ association.
Late Monday, North Dakota-based U.S. District Judge Daniel Traynor granted a preliminary injunction sought by the Colorado-based Catholic Benefits Association and the Catholic Diocese of Bismarck, North Dakota, which sued the United States Equal Employment Opportunity Commission to challenge the regulation announced in April. The rule was written to carry out the Pregnant Workers Fairness Act, a bipartisan federal law passed by Congress in 2022 and supported by major business groups.
The law mandates companies to modify working requirements or provide time off for employees with “limitations related to… pregnancy, childbirth, or related medical conditions.”
The plaintiffs asserted that the rule violated religious freedom protections under the First Amendment of the United States Constitution and a federal law known as the Religious Freedom Restoration Act. The judge granted the order after determining that the plaintiffs were likely to prevail because the additional rules “force individuals to violate their sincerely held religious beliefs.” Traynor also concluded that the EEOC could not take action against the association’s members for refusing to use pronouns or allow transgender employees to use bathrooms that correspond to their gender identity. The agency stated in its guidance that such activities could constitute sex discrimination.
“Given the profound moral issues the EEOC has created with its mandates, the members of the Catholic Benefits Association are grateful to have their religious rights vindicated by this order,” said Martin Nussbaum, a lawyer representing the plaintiffs. The United States Justice Department, which means the EEOC, did not immediately reply to a request for comment. The group’s membership includes 1,380 Catholic enterprises and 7,100 Catholic churches. Most employers are Catholic organizations, such as schools or charities. However, some are Catholic-owned enterprises.
Traynor’s order will remain in effect while the judge considers the case. The EEOC rule exempts religious employers, such as churches or charities. On the other hand, Traynor concluded that the exemption was insufficient because it was unclear in which cases it would apply and did not extend to Catholic employers operating conventional for-profit businesses.
