Washington, D.C. Newsroom, Jul 17, 2025 / 19:30 pm (CNA).
The U.S. Conference of Catholic Bishops (USCCB) is asking a federal district court to block the government from enforcing any portion of an abortion “accommodation” rule against them while they appeal a court order that provided only partial relief from the rule.
Under the Equal Employment Opportunity Commission (EEOC) abortion accommodation rule, the USCCB can deny workplace accommodations for employees who obtain purely elective abortions, but they may still have to provide accommodations for abortions related to treating medical conditions.
Qualifying medical conditions are broad. According to the EEOC rule, conditions include “modest” or even “minor” anxiety, depression, nausea, dehydration, and changes in hormone levels that result from a pregnancy.
Because of this, the USCCB asked the District Court for the Western District of Louisiana to fully block the EEOC’s abortion accommodation rule during their appeal. The rule comes from the Pregnant Workers Fairness Act, passed under President Joe Biden, which requires employers to offer reasonable workplace accommodations for women with limitations from pregnancy, childbirth, or related medical conditions.
Although the Pregnant Workers Fairness Act itself makes no mention of abortion, the EEOC regulation states that “having or choosing not to have an abortion” qualifies as a related medical condition. The rule provides for religious exemptions only on a case-by-case basis, which would be determined after the accommodation request was made and denied.
Daniel Blomberg, the lead attorney for the bishops, told CNA that the case-by-case exemption is “facially inadequate.” He said USCCB policy is to never provide accommodations for an abortion and warned that the USCCB would need to change its policy to comply with the mandate, which the bishops have not done and will not do.
Numerous Catholic and other religious organizations have also sued the EEOC for its abortion accommodation rule and were given full relief from the mandate. Blomberg said the USCCB is the only entity that was denied full relief.
“They cannot change their policy,” Blomberg said. “They cannot violate the faith that animates what they do.”
Blomberg, who serves as vice president and senior counsel at the Becket Fund for Religious Liberty, said the Pregnant Workers Fairness Act itself ensures that “religious organizations are protected.” He contested that the EEOC’s implementation regulations go against the text of the law and Congress’s intent.
“Congress did not intend to force the bishops or any other religious groups to accommodate abortions at any time,” he added.
In addition to arguing that the EEOC regulations are an improper implementation of the law, the lawsuit also appeals to the religious liberty protections in the Religious Freedom Restoration Act and the First Amendment guarantee of the free exercise of religion.
Andrea Lucas, the new EEOC chair appointed by President Donald Trump, has vocally criticized the final rule. However, because Trump removed two Democrat-appointed commissioners from the EEOC, the body lacks the necessary quorum to issue new guidelines.
Trump nominated Brittany Panuccio, a Republican lawyer, to serve on the commission. If she is confirmed by the Senate, the commission would have the necessary quorum.
Blomberg said the commission is likely “months away from any prospect of getting [a quorum]” right now, which means the rule will stay in place for the time being.
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