The United States Conference of Catholic Bishops (USCCB) has written a letter to the Biden administration urging them to drop a new abortion rule, saying it could lead to pro-life employees facing discrimination in the workplace.
In August, the U.S. Equal Employment Opportunity Commission (EEOC) put new rules in place to comply with the Pregnant Workers’ Fairness Act (PWFA); however, those rules didn’t just cut down on pregnancy discrimination. They also moved to protect abortion, adding it as a medical condition for which employees can request workplace accommodations. The USCCB supported the PWFA, but strongly condemned it being used to include abortion, calling it a distortion of the law.
Now, in a message to the EEOC, the USCCB pointed out new guidance from the Biden administration regarding sex-based harassment could put pro-lifers at risk. The new guidance advises that “sex-based harassment… also can include harassment based on a woman’s reproductive decisions, such as decisions about contraception or abortion.” This move, they claimed, is an assault on free speech.
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“Opposition to abortion (including speech opposing abortion) is not sexual harassment because it is not based on sex,” the letter said, continuing, “We encourage speech on abortion and other moral issues that is respectful, courteous, and constructive. It is reasonable for employers and employees to insist upon civility and non-disruption in the workplace as a general matter. But on issues that involve no protected category, such as abortion, Title VII itself is silent and therefore has no role.”
They further acknowledged the fall of Roe v. Wade last year, pointing out, “It is inconceivable that our nation’s highest court, having just recently held that the Constitution does not enshrine a right to an abortion, would now interpret Title VII to forbid or chill workplace speech on this subject.”
Comments on the new rule will remain open until Wednesday, November 8, and the USCCB encouraged the public to express opposition to the guidance. “It is good that we have laws prohibiting harassment in the workplace,” they said in a statement. “But speech expressing moral opposition to abortion, contraception, or same-sex unions, or speech that refers to people by their actual sex, is not harassment.”
