On May 26, the ERLC joined other pro-life advocates in filing an amicus brief in USCCB v. EEOC, a case pending review in the Fifth Circuit Court of Appeals that opposes the Biden administration’s pro-abortion rule for pregnant workers. The brief outlined support of USCCB’s challenge of the Biden EEOC’s pro-abortion rule, articulating a pro-life perspective consistent with Southern Baptist beliefs.
What is the pregnant workers case about?
In 2022, Congress passed the Pregnant Workers Fairness Act (PWFA), a bill designed to require employers to provide reasonable accommodations to employees who are pregnant such as water breaks, chairs, time off, and other needs. It also prevents employers from denying a woman employment because she is pregnant. The law never mentioned abortion or abortion-related travel, and lawmakers on both sides of the aisle spoke on the floor in Congress that the law does not provide for abortion.
However, shortly after the law was enacted, the Biden administration’s EEOC flouted congressional intent and enacted a rule requiring employers to accommodate abortions for their pregnant employees with narrow religious exemptions. At the time of the proposed rule, the ERLC submitted public comments opposing the rule.
The USCCB filed a lawsuit to challenge the rule because it would require them to provide employee accommodations for abortion in clear violation of their religious beliefs. The rule would prevent USCCB from enforcing its pro-life practices in the workplace, which is counter to their deeply held religious beliefs and threatens the organization’s right to free exercise and association.
What does this brief argue about the pregnant workers case?
In the brief, the ERLC and other signatories argue that the EEOC’s rule violates religious entities’ expressive association by requiring them to act contrarily to their beliefs. Expressive association is the First Amendment protected right for people to assemble and communicate a specific view or belief such as the sanctity of human life. The brief further argues that the rule requires pro-life organizations to communicate their convictions while internally acting antithetically to their missions.
What have the lower courts ruled on the pregnant workers case?
In 2024, the district court provided only partial relief to USCCB against the abortion accommodation mandate, which prompted USCCB to appeal to the Fifth Circuit.
In 2025, the lower court enjoined the rule for USCCB, meaning it is not in effect specifically for USCCB and the other parties in the case.
USCCB is appealing to get the entire rule struck down by the Fifth Circuit to ensure abortion is not a mandatory workplace accommodation.
Why does the pregnant workers case matter to Southern Baptists?
Southern Baptists affirm every life is worthy of protection and inherently valuable. Life begins at conception, and abortion denies precious human lives both personhood and protection. Scripture is clear that every person is made in the image of God (Jer. 1:5; Psa. 139:13). Furthermore, the Baptist Faith and Message affirms that “children, from the moment of conception, are a blessing and heritage from the Lord” and calls us to advocate for the preborn and contend for the sanctity of all human life, from conception to natural death.
