04/22/2024 / By Laura Harris
The administration of President Joe Biden has come out with a new, 400-page rule requiring employers to cover abortion under the 2022 Pregnant Workers Fairness Act (PWFA). This move has ignited fiery debates on religious liberties, conscience rights and the administration’s stance on abortion.
On April 15, the Equal Employment Opportunity Commission (EEOC) announced the implementation of the new rule for PWFA, a law that mandates employers to provide reasonable accommodations for pregnancy, childbirth or related medical conditions, unless deemed an undue hardship on business operations. Notably, it explicitly includes abortion and contraception among the covered accommodations, with the term “abortion” appearing 348 times in the rule. (Related: Biden attacks Trump on abortion, healthcare.)
However, critics argue that such a provision oversteps boundaries and infringes upon the religious beliefs of employers who oppose abortion on moral grounds.
Julie Marie Blake, senior counsel at Alliance Defending Freedom, condemned the rule and argued that the administration is imposing “pro-abortion regulations” on employers nationwide, disregarding religious convictions regarding the sanctity of life.
“This rule is just the latest example of the Biden administration abusing its power to advance abortion. The new rule seeks to punish the speech of pro-life employers and restrict their hiring practices. The Biden administration and the EEOC don’t have the legal authority to smuggle this illegitimate rule into a law that was created to protect and support women and that had nothing to do with abortion,” Blake stated.
Rep. Virginia Foxx (R-NC), chairwoman of the House Committee on Education and the Workforce, echoed these sentiments. Foxx denounced the interpretation of the administration of the PWFA.
“Adding this controversial provision into the PWFA is wrong. Period. Abortion is not a medical condition related to pregnancy; it is the opposite. Leave it to the Biden administration to think terminating a pregnancy and ending the life of an unborn child addresses the needs of pregnant workers,” Foxx said. “This rule also goes well beyond EEOC’s authority.”
Furthermore, critics argue that the overly broad and impractical regulation would lead to confusion and turmoil among workers and employers. This could also burden businesses that are already grappling with the economic policies of the Biden administration.
Before the implementation of the PWFA, Republican congresspeople and religious liberties already warned the public that it would cover abortion.
In October, Foxx, along with Rep. Mary Miller (R-IL), wrote a letter addressed to EEOC Chair Charlotte Burrows. The Republican representatives warned EEOC that the then-proposed law includes language equating pregnancy-related conditions with the decision to have or not have an abortion.
“Abortion is not a medical condition related to pregnancy; it is the opposite. It terminates the pregnancy, tragically ending the life of an unborn child. Similarly, abortion is not related to childbirth; it ends the possibility of childbirth,” Foxx and Miller wrote.
“EEOC cannot add such a controversial provision to the law that Congress omitted. The U.S. Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization holding there is no constitutional right to an abortion was handed down a mere six months before the PWFA was enacted. Congress was well aware of the ongoing national debate over abortion and could have included the term in the law if it so chose. Its absence speaks volumes,” the representatives continued.
Erika Ahern of Catholic Vote also warned that such an interpretation could lead to lawsuits against pro-life organizations for failing to provide special leave for abortions.
“The EEOC does not typically act in a way that aligns with pro-life or Catholic views. In general, the EEOC has interpreted ‘pregnancy-related’ discrimination issues to include protecting workers’ ‘right’ to abortion,” Ahern said at that time.
Sen. Rand Paul (R-KY) also warned of potential infringements on religious freedom before its enactment. He fears that “the bill could force religious employers to provide accommodations that arise from an abortion, which could violate the free exercise of their religious beliefs.”
But despite all these warnings, the United States Conference of Catholic Bishops, along with Planned Parenthood, the largest abortion company in America, still supported the PWFA legislation. In turn, the EEOC always proudly mentioned this support when introducing the proposed pro-abortion regulations implementing the now-passed law.
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