By Mary Beth Barry
“What should I do about those equal employment opportunity posters that seem to conflict with our religious rights?” Have you found yourself asking this or similar questions about government regulations or laws that involve both our faith and the law?
If you have, then you’re not the only one. Over the past several weeks we have received important questions from members regarding required employment postings and the Pregnant Workers Fairness Act (PWFA).
To answer these questions, we’ll first take a brief look at a recently updated legal memo for CBA members that lays the foundation for any response, and then go over our recommendations. Together, these resources are designed to help you protect your Catholic identity while complying with civil law requirements.
Our Updated 2026 Legal Memorandum: Why It Matters
Our legal counsel has updated CBA’s comprehensive legal resource, Maximizing Catholic Employers’ Religious Liberty and Speech Defenses, prepared specifically for CBA members.
This in-depth memorandum is designed to help Catholic ministries, dioceses, schools, and other religious employers understand and strengthen the constitutional and statutory protections available to them.
One of the most important developments in the updated memo is its expanded discussion of the Doctrine of Church Autonomy, particularly in light of recent court decisions clarifying how broadly that doctrine protects religious employers.
Many leaders are familiar with the ministerial exception. However, the updated memorandum explains that constitutional protection is not limited to employees formally labeled as “ministers.” Courts have reaffirmed that when a religious organization makes employment decisions that are sincerely rooted in religious belief, civil courts must refrain from second-guessing those decisions—even in certain situations involving non-ministerial employees.
This clarification is significant for Catholic employers. Depending on the facts, protections may extend beyond traditional ministerial roles when:
- The organization is clearly religious
- The decision is based on Catholic doctrine or moral teaching, and
- The religious basis for the decision is sincerely held and properly documented.
The memorandum provides strong legal analysis and step-by-step HR guidance—from hiring through termination—to help strengthen and preserve your religious liberty protections.
Specifically, the updated memo clarifies and expands upon four key protections:
- The First Amendment Ministerial Exception
- The broader Doctrine of Church Autonomy (including actions rooted in religious belief)
- The First Amendment Free Speech Right of Expressive Association
- Title VII’s religious employer and BFOQ exemptions
The key takeaway is simple but critical:
Your documents and practices should clearly reflect that your employment decisions are rooted in your Catholic mission and doctrine.
With that broader framework in mind, we now turn to the practical questions members have recently asked.
Required Employment Posters and Preserving Religious Protections
A member recently asked:
How can we comply with required federal and state employment posting obligations without unintentionally waiving our religious liberty protections?
This is both a practical and important question.
Catholic employers should comply with federal and state posting requirements. At the same time, employers should avoid making additional affirmative statements that could later be interpreted as inconsistent with their constitutional or statutory religious protections.
CBA Recommendations
We recommend that members:
- Post all required federal and state employee rights posters as mandated.
- Display CBA’s “Summary of Legal Rights of Religious Employers” poster alongside those required notices so employees are informed not only of statutory rights, but also of your constitutional and statutory religious protections.
- Replace prior Equal Employment Opportunity (EEO) statements with the CBA template EEO statement (or similar language) wherever it appears—most commonly in your employee handbook.
This approach allows you to comply with civil law requirements while clearly preserving your First Amendment and statutory rights.
These resources are available in our Members Only Room: Human Resources.
Addressing the PWFA in Your Policies
Several members have also asked:
Do we need to include language regarding the Pregnant Workers Fairness Act (PWFA) in our handbook, and how does that interact with CBA protections?
What Members Should Know
The PWFA generally applies to employers with 15 or more employees and requires covered employers to provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions.
However, CBA members are protected by a permanent injunction prohibiting the EEOC from enforcing portions of its PWFA guidance that would require accommodation of abortion or immoral infertility treatments (including IVF, surrogacy), or related leave, when those accommodations conflict with Catholic teaching.
Practical Guidance for Catholic Employers
If you are a covered employer:
- Include a pregnancy accommodation policy in your handbook or policy manual.
- Engage in a good-faith interactive process regarding pregnancy-related limitations.
- Clearly preserve your Catholic identity and religious protections in your policy language.
CBA recommends including language such as:
“As a Catholic organization, we are bound by our deeply held religious beliefs and the moral teachings of the Catholic Church. Therefore, we may not provide accommodations or benefits (including related paid time off) that would directly conflict with these beliefs. This includes requests for treatments, procedures, or practices that are contrary to Catholic teaching on the sanctity of life and the dignity of the human person. We approach each situation with care, respect, and a pastoral spirit, seeking always to accompany our employees with understanding while remaining faithful to the values that guide our ministry.”
Including this type of language allows you to comply with applicable accommodation requirements while clearly preserving your religious protections.
We Are Here to Help
The updated legal memorandum provides the constitutional and statutory framework. The poster, EEO template, and policy guidance provide practical tools. Together, they are designed to help you strengthen and maximize your religious liberty protections while faithfully carrying out your Catholic mission.
If you have questions about your posters, handbook language, PWFA policy, or other employment practices, we encourage you to take advantage of the resources available in the Members Only Room and to reach out for assistance. Our goal is not only to provide practical tools, but to help you implement them thoughtfully and effectively within your organization.
As always, CBA is here to support you in stewarding both compliance and Catholic identity with clarity and confidence.