SPL joins amicus brief regarding Pregnant Workers Fairness Act
Last week, Secular Pro-Life joined an amicus brief to support the original purpose of the Pregnant Workers Fairness Act (PWFA).
This case has its origins in 2023, when the Equal Employment Opportunity Commission (EEOC) proposed rules to “implement” — in reality, undermine — the PWFA, by requiring employers to accommodate abortions. As I wrote at the time:
The Pregnant Workers Fairness Act enjoyed bipartisan support. In a joint statement, Senators Bob Casey (D-PA) and Bill Cassidy (R-LA) described the PWFA as “clos[ing] a loophole in the 1978 Pregnancy Discrimination Act by requiring employers to make temporary, reasonable accommodations—like a stool or a water bottle—so that pregnant women can continue to work safely.” Senator Cassidy was explicit: “This is pro-mother, pro-life and pro-family” (emphasis added).
On that understanding, numerous pro-life organizations and individuals lobbied for the PWFA’s passage in a spirit of bipartisan cooperation. Now, the Biden administration wants to stab them in the back, twisting the PWFA into yet another vehicle to promote abortion. The termination of an unborn child’s life is in no way morally equivalent to birth, and forcing pro-life employers to treat them similarly is abhorrent.
If this proposed rule is implemented, naturally Americans who cherish human life from womb to tomb will be reluctant to partner with Democrats again. But perhaps that is the point. We get burned, and when we hesitate to rally behind the next ostensibly apolitical effort to make life easier for working families, you get to smear us as “anti-woman.” It’s cynical, it’s wrong, and babies and their mothers are the ones who will ultimately suffer.
For shame.
Despite receiving numerous public comments similar to mine, the Biden EEOC narrowly voted in favor of the rule. Among other things, the EEOC mandate prohibits pro-life employers from “interfering” in an employee’s decision to kill her unborn baby, or from firing such an employee.
Louisiana, Mississippi, and an alliance of Catholic groups and schools promptly sued. The case has now reached the United States Court of Appeals for the Fifth Circuit. Our amicus brief unites faith-based and secular anti-abortion employers. It argues that the EEOC rule is a direct attack on pro-life organizations’ First Amendment rights of free expression and association.
We are thankful to the lead author, Christian Legal Society, for giving us the opportunity to participate in this important coalition. Keep following the blog for updates on the case!
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