50 Republican lawmakers file brief backing Catholic bishops’ challenge to EEOC abortion rule
Caroline MolloyFifty Republican lawmakers filed an amicus brief May 26 urging the U.S. Court of Appeals for the Fifth Circuit to block a Biden-era regulation they say would force employers, including religious organizations, to provide workplace accommodations for employees seeking abortions under the Pregnant Workers Fairness Act (PWFA), escalating a high-profile legal fight over the scope of federal pregnancy protections.
The brief supports the United States Conference of Catholic Bishops (USCCB), The Catholic University of America, and the civil corporate entities for the dioceses of Lake Charles and Lafayette, Louisiana, in their ongoing lawsuit against the Equal Employment Opportunity Commission (EEOC). The challengers argued in the 2024 suit that the EEOC exceeded its authority by interpreting the PWFA to require abortion-related workplace accommodations nationwide, even though the statute does not mention abortion.
Congress passed the PWFA in 2022 with bipartisan support. The law requires employers to provide reasonable accommodations for “pregnancy, childbirth, or related medical conditions,” such as bathroom breaks, modified work schedules, or leave for pregnancy-related needs. The law took effect in June 2023, and the EEOC published final implementing regulations in April 2024 that included “abortion” among covered medical conditions.
The EEOC has defended the rule by arguing that abortion falls within “pregnancy, childbirth, or related medical conditions” and the rule concerns workplace accommodations such as unpaid leave for appointments or recovery, rather than abortion coverage.
The Catholic plaintiffs sued in 2024, arguing the EEOC hijacked a law intended to protect pregnant workers by turning it into an abortion-accommodation mandate. In September 2025, U.S. District Judge David Joseph of the Western District of Louisiana granted the plaintiffs a preliminary injunction that blocked the EEOC from enforcing the rule against Catholic plaintiffs while litigation continues.
The case now remains before the Fifth Circuit as the plaintiffs seek broader relief against the rule. The appeals court is reviewing whether the PWFA requires abortion-related workplace accommodations and whether the Catholic plaintiffs are entitled to permanent protection from enforcement.
According to a press release from Rep. Chris Smith, R-N.J., the lawmakers’ brief argues that Congress deliberately omitted abortion from the PWFA and that the EEOC overstepped by inserting abortion-related accommodations into the law.
