by Mary Beth Barry
Navigating the intersection of faith and employment law can be challenging—but also vital to your mission. Recently, the Catholic Benefits Association achieved a landmark victory by securing preliminary injunctive relief against two new Equal Employment Opportunity Commission (EEOC) mandates. These protections empower Catholic employers to uphold their religious values while mitigating legal risks tied to issues such as abortion accommodations, pronoun usage, and gender ideology.
In this article, we’ll explore how this legal development impacts your role, the actionable steps you can take to align your workplace policies with these protections, and the critical role HR plays in fostering a workplace that reflects Catholic identity. Let’s ensure your organization is prepared to embrace these new safeguards while staying true to your mission and ministry.
YOU ARE NOW PROTECTED FROM:
- EEOC enforcement of the Pregnant Workers Fairness Act and the EEOC’s implementing regulation to the extent that they require employers to accommodate employees’ abortions or IVF treatments.
- EEOC enforcement of its “Guidance” regarding sexual harassment to the extent that it requires employers to use false pronouns, to provide access to bathrooms and other single sex spaces by those of the opposite sex, and to refrain from communicating regarding Catholic teaching related to gender ideology.
- EEOC investigation of charges of discrimination of the matters described above and overrides the sole discretion of the EEOC to determine sufficient qualification for religious exemption.
- EEOC issuance of “right-to-sue” letters with regard to charges of discrimination related to the matters above. The Court’s prohibition of right to sue letters is significant because those letters are the necessary predicate for employee lawsuits. This new protection for CBA members effectively blocks those suits, allowing our members to focus on their ministry and work.
WHY THIS MATTERS TO HR PROFESSIONALS
HR professionals play a crucial role in ensuring their organization complies with legal regulations. Equally important is fostering a workplace where employees understand that the Catholic faith shapes policies, procedures, and practices.
Key Benefits for Members Under These Federal Protections
-
Catholic employers can freely articulate Church teachings on these issues without fear of regulatory penalties or lawsuits.
-
Organizations can maintain policies consistent with Catholic beliefs regarding biological sex without facing EEOC enforcement.
-
Employers are not required to provide accommodations for abortion or infertility treatments.
BUILDING AWARENESS: ESSENTIAL HR ACTIONS
CBA members should ensure their organizational documents are in line with religious protections and legal standards. Below is a list of things you should consider implementing from an HR and compliance perspective. For more detail on each of these things, including a list of HR documents and policies you will want to consider creating/reviewing, please visit our Members Only Room 
Intranet-Login
Ø Clearly Identify Your Mission and Values
Ø Review and Update Handbooks/Policies
Ø Train Leadership and Staff
Ø Communicate Changes Transparently
Ø Plan to Address Employee Questions
Ø Prepare for EEOC Interactions
DID YOU KNOW?
Because the CBA Is committed to providing our members with authentically Catholic solutions to common HR issues, we support our members with practical and easily implementable guidance such as:
- Templates to assist members with creating or updating HR documents such as job descriptions or handbooks
- Tips on how and where to strengthen Catholic identity including sample language
- Guidance on the importance of maximizing the ministerial exception
- Reviews of HR documents to ensure Catholic identity is clear and contextualized
COMING SOON
In the upcoming months CBA will release tools and guidance to address some common HR issues such as.
Ø Posting required EEOC and other notices
Ø The ministerial exception and how it applies to the FLSA
Ø Templated EEO language for your handbook and other areas
Ø Updated sample job description templates
By leveraging the protections won through the CBA’s recent legal victory, Catholic employers can confidently align their policies with their faith while safeguarding against unnecessary legal risks. As HR professionals and leaders, your role in implementing these protections is crucial to maintaining both compliance and a workplace rooted in Catholic identity. Stay informed, take proactive steps, and rely on CBA’s guidance to support your mission and ministry. Together, we can ensure that faith continues to shape and inspire our workplace.