Judge rules for Catholic group against EEOC regulations involving abortion, gender identity

(OSV News) -- A federal judge in North Dakota sided with the Catholic Benefits Association in its lawsuit against the Equal Employment Opportunity Commission over two regulations the group says violate Catholics' religious beliefs.

The CBA, which represents 87 dioceses and more than 1,400 other Catholic entities, previously filed suit over two regulations issued earlier this year: One is the final regulation issued for the Pregnant Workers Fairness Act, granting workers protections for time off and other job accommodations for pregnancy-related medical conditions such as miscarriage, stillbirth and lactation -- but also for abortion, which was opposed by many of the bill's supporters, including the U.S. Conference of Catholic Bishops. The other was a provision of the EEOC's "Enforcement Guidance on Harassment," which the group argued could penalize Catholic groups for their beliefs about gender identity.

In a Sept. 23 order, U.S. District Judge Daniel Traynor in Bismarck, North Dakota, granted CBA a preliminary injunction, ruling that the group, as well as the Diocese of Bismarck, were likely to succeed in proving the regulations could force them to violate their beliefs.

"The current suit falls into a long line of cases that should be unnecessary in a country that was built on the concept of freedom of religion," Traynor wrote in his order, adding the issues in the case "are ripe for adjudication."

"This challenge to religious liberty is a reminder of the danger of government action that is clearly anti-religion," Traynor wrote. "It should not take a legal challenge for the Agency to stop violating the constitutional rights of Americans. Wisely, our founders provided a separate but equal branch to keep this lawlessness in check."

The broad preliminary injunction blocks the EEOC from enforcing the law's mandates against the parties in the lawsuit.

"Winning this judicial relief is a welcome rebuke of governmental overreach," Doug Wilson, the CBA's CEO, said in a Sept. 25 statement.

"The EEOC rules are an attempt to force secular beliefs about gender and sexuality onto people of faith and use the threat of fines and legal action to make them comply," Wilson said. "Catholics have made innumerable contributions to our country, and CBA is committed to ensuring that our members' work and ministry can continue to be nourished by the faith."

Asked for comment, a spokesperson for the EEOC referred OSV News to the Justice Department, which did not immediately respond.

When EEOC issued the harassment regulations in April, its chair Charlotte A. Burrows said in a statement that harassment "both in-person and online, remains a serious issue in America's workplaces."

"The EEOC's updated guidance on harassment is a comprehensive resource that brings together best practices for preventing and remedying harassment and clarifies recent developments in the law," she said. "The guidance incorporates public input from stakeholders across the country, is aligned with our Strategic Enforcement Plan, and will help ensure that individuals understand their workplace rights and responsibilities."

The CBA's membership comprises Catholic dioceses, hospitals, school systems, religious orders and other entities that offer their employees insurance and benefit programs that adhere to Catholic teaching.