The U.S. District Court for the District of North Dakota issued a permanent injunction on April 15, preventing the U.S. Equal Employment Opportunity Commission from enforcing the Pregnant Workers Fairness Act against the Catholic Benefits Association and the Diocese of Bismarck in a manner that would require them to accommodate abortion or infertility treatments.
The agency also cannot enforce elements of its harassment guidance dealing with gender identity, gender transition and abortion in a manner that violates CBA’s faith, the judge ruled.
CBA previously challenged the PWFA final rule — along with the agency’s harassment guidance — on nine counts for violations of the Religious Freedom Restoration Act, the Administrative Procedure Act, the First Amendment, and Title VII of the Civil Rights Act in a complaint filed in July 2024 (Catholic Benefits Association v. EEOC). Judge Daniel Traynor granted CBA a preliminary injunction in September 2024.
EEOC’s final rule interpreting the PWFA, which was issued in April of last year and went into effect in June, required accommodations for abortion and in vitro fertilization — an interpretation some religious organizations have taken issue with.
“It is a precarious time for people of religious faith in America,” Judge Traynor wrote in his September opinion, adding that the CBA case “falls into a long line of cases that should be unnecessary in a country that was built on the concept of freedom of religion.”
“Unfortunately, these cases are essential for faithful individuals where government mandates run counter to core religious beliefs,” he added.
Pro-life demonstrators march during the “Right To Life” rally on Jan. 15, 2022, in Dallas, Texas. Per Getty, the Catholic Pro-Life Community, Texans for Life Coalition, the Catholic Diocese of Dallas, and the Diocese of Fort Worth North hosted this rally in favor of overturning Roe v. Wade.
Brandon Bell via Getty Images
In June 2024, a Louisiana district court judge granted a temporary injunction related to the rule’s abortion accommodation elements for the state of Louisiana, the state of Mississippi and the U.S. Conference of Catholic Bishops. In his ruling for The State of Louisiana et al. v. EEOC and United States Conference of Bishops et al. v. EEOC, Joseph said that the EEOC had “exceeded its statutory authority to implement the PWFA.”
Similarly, in March, Missouri judge Roseann Ketchmark ruled that a Christian nonprofit need not comply with the PWFA’s abortion accommodation elements — citing both the preliminary injunctions of the Louisiana case and Catholic Benefits Association v. EEOC as precedent in her ruling.
Acting Chair Andrea Lucas has expressed her disagreement with both the previous agency’s interpretation of the PWFA’s language and with its harassment guidance, although she is unable to rescind either document without an agency quorum.
“CBA is grateful that our members are able to continue operating their businesses and ministries in ways that do not conflict with the Catholic faith,” Dave Uebbing, CBA’s director of communications, wrote in an email. “In particular, this ruling allows us to speak with employees about the Church’s mission and beliefs on key issues and to manage workforces according to those same beliefs. The EEOC’s various mandates would not have allowed this to take place.”
On behalf of the other plaintiff in the case, Bishop David D. Kagan said via email that the diocese is “gratified that the Court [ruled] in our favor and that of all current and future members of the CBA.”
“The Court has upheld our religious freedom rights and that is all we ever wanted,” he said.
Regarding Catholic Benefits Association v. EEOC, the EEOC declined to make a statement, saying it does not comment on litigation.