by Doug Wilson
September 27, 2024
Dear CBA Members and Friends,
It’s always great to report good news. Thanks to the hard work of our legal team and your support, CBA received a resoundingly positive ruling from the Eighth Circuit Court in Bismarck regarding the action we filed against two federal regulations that we have been reporting on in our communications and webinars.
This ruling addresses the EEOC’s enforcement interpretation of the Pregnant Workers Fairness Act as well as the EEOC Guidance on Workplace Harassment and Hostile Work Environment. Together these rules impose a pronoun speech code, lift restrictions on single-sex spaces (bathrooms, etc.), force employers to accommodate employees in obtaining abortions and IVF treatments, severely threaten free speech in the workplace, and more.
The breadth, depth, and comprehensiveness of the Judge Daniel Traynor’s ruling is breathtaking in its affirmation of our religious rights. Going even further than the protections granted in previous cases (Contraceptive Mandates and the 2016 Transgender Mandate), the court expands the protections already given to CBA Members (current and future), to include “anyone acting in concert with or participating with the CBA’s present or future members”. This will enhance our ability to protect even more ministries and lay organizations.
But there’s even more good news. The injunction not only restrains the EEOC from enforcing these mandates, it also prevents the EEOC from investigating claims of alleged discrimination related to these rules. It bars EEOC from sending “right-to-sue notices” to your employees, and because right-to-sue letters are the predicate for private (employee) lawsuits, the injunction effectively blocks them.
Both the PWFA and the EEOC’s guidance document on Harassment and Hostile Workplace have been prohibited by the Court from being against CBA’s Members.
Please note that while giving us expanded and inclusive protection, including for future members of CBA, the judge did address one issue that has troubled the courts. He added the caveat that, while future members will be fully covered, they must have been CBA members at the time of the alleged infraction. In other words, they can’t run for cover after they have been named in a complaint.
If you know of organizations that aren’t members of CBA, do them a favor and tell them to reach out to me or Mandy Cox at mandycox@catholicbenefitsassociation.org.
This win is a welcome rebuke of governmental overreach. As our track record proves, we know that the Catholic faith is indispensable for our work, and we will protect it.
Thank you for your support of CBA’s mission and, as always, please don’t hesitate to call me on my cell phone at 309-241-3579, or email me if I can answer any questions, dougwilson@catholicbenefitsassociation.org. We stand ready to help you communicate and implement these protections.
Sincerely,
Doug
Doug Wilson, CEO
Catholic Benefits Association