EEOC Oversteps Bounds With Pro-Abortion Provision In PWFA

On the surface, the federal Pregnant Workers Fairness Act (PWFA) appears to be a commendable bipartisan initiative to support expecting mothers in the workplace. Yet, the Biden administration has found a way to slip in an abortion provision that raises eyebrows among conservatives and anyone valuing religious liberty.

The federal Equal Employment Opportunity Commission (EEOC) recently released proposed rules implementing the PWFA, and inexplicably, they included abortion as one of the “related medical conditions” covered by the act. Sen. Bill Cassidy (R-LA), who was a lead proponent of the PWFA in the Senate, unequivocally stated that this “illegal” action “completely disregards legislative intent.”

This wouldn’t be the first time the Biden administration oversteps its boundaries to advance an agenda that leans heavily pro-abortion. Sen. Bob Casey (D-PA), a co-sponsor of the original bill, emphasized last year that the EEOC could not issue any regulation requiring abortion leave under this law. Yet, here we are.

This controversial move by the EEOC could force most employers to grant workers leave to obtain an abortion or related services. It goes against the grain of what the law was intended to do: provide “common-sense rights in the workplace” for pregnant women.

It’s particularly alarming that this rule could even apply to religious organizations. Last year, an amendment offered by Sen. James Lankford (R-OK) would have exempted religious entities from any PWFA provisions that violated their faith. Unfortunately, the amendment was shot down. As a result, the EEOC’s proposed rule puts religious freedom at risk for numerous churches and religious groups.

The U.S. Conference of Catholic Bishops (USCCB) has argued against this overreach. Bishop Michael F. Burbidge of Arlington stated, “It is a total distortion to use this law as a means for advancing abortion.” The USCCB, which initially supported the law as a pro-worker, pro-family and pro-life initiative, sees this move as a dangerous contradiction to the law’s intent.

The Alliance Defending Freedom echoed this sentiment. “Congress sought to help pregnant workers, not force employers to facilitate abortions,” noted ADF senior counsel Julie Marie Blake. The administration, she added, doesn’t have the legal authority to inject an abortion mandate into a transformational pro-life, pro-woman law.

Why did the Biden administration see fit to weave this divisive issue into a law designed for a completely different purpose? Once again, it seems the left is using bureaucracy to make unilateral policy decisions. This strategy disregards the legislative process and ignores the concerns of millions of Americans.

It’s time for the Biden administration to respect the true essence of the PWFA and for the EEOC to withdraw this ill-advised portion of its proposed rules. If not, they risk undermining a law intended to support pregnant women and further alienating Americans who believe in the sanctity of life and the preservation of religious freedom.