Written by Alexander Roberts.
The Biden administration has rolled out a hefty 400-page rule demanding that employers include abortion coverage under the 2022 Pregnant Workers Fairness Act (PWFA). Announced by the Equal Employment Opportunity Commission (EEOC) on April 15, this rule mandates reasonable accommodations for pregnancy, childbirth, or related medical conditions, explicitly covering abortion and contraception. With the rule repeatedly referencing “abortion” throughout, it’s sparked a fiery discussion on the implications for religious liberties, employer conscience rights, and the broader impact on American businesses.
Critics, quick to respond, label this as a clear overreach. Julie Marie Blake, senior counsel at Alliance Defending Freedom, didn’t hold back in her criticism, accusing the Biden administration of using the rule to push a pro-abortion agenda, while blatantly disregarding the religious beliefs that deem abortion morally objectionable. “This rule is just the latest example of the Biden administration abusing its power to advance abortion. The new rule seeks to punish the speech of pro-life employers and restrict their hiring practices,” Blake explained, pointing out the stark misalignment between the administration’s enforcement and the law’s original boundaries.
Widespread Repercussions and Legal Pushback
The backlash has been widespread, with voices like Rep. Virginia Foxx (R-NC), chair of the House Committee on Education and the Workforce, leading the charge. She criticizes the administration’s interpretation of the PWFA, arguing, “Abortion is not a medical condition related to pregnancy; it is the opposite. Leave it to the Biden administration to think terminating a pregnancy and ending the life of an unborn child addresses the needs of pregnant workers.” This broad and potentially unwieldy regulation could muddle the waters and pile on the challenges for businesses, especially in a tricky economic climate.
The concerns about this rule were anticipated. Even before its implementation, Republican figures and religious freedom advocates warned that it might include abortion coverage. Rep. Foxx and Rep. Mary Miller (R-IL) highlighted this in a letter to EEOC Chair Charlotte Burrows, arguing that Congress deliberately excluded such language, aware of its divisiveness. Erika Ahern from Catholic Vote voiced worries about potential lawsuits against pro-life organizations forced to accommodate abortions, clashing with their core values. Senator Rand Paul (R-KY) also expressed concerns about the infringement on religious freedom this rule might entail. Despite these alarms, the rule received backing from significant organizations like the United States Conference of Catholic Bishops and Planned Parenthood, a fact the EEOC proudly referenced when introducing the rule.
Our Take
The Biden administration’s mandate for abortion coverage under the PWFA is more than a policy update—it’s a profound shift that ventures deep into the realm of moral and ethical controversy. For conservatives, this is a glaring example of government overreach, disregarding the deeply rooted religious convictions and the operational autonomy of businesses.
This rule challenges more than just the principles of religious freedom and free speech; it also presents practical dilemmas for businesses trying to comply with complex federal regulations while upholding their ethical standards. Moving forward, it’s crucial for those who champion life and liberty to voice their concerns and push for policies that honor the diversity of moral beliefs in our society. The administration needs to recalibrate its approach and strive for regulations that genuinely cater to the needs and rights of all Americans, not merely those that align with a specific political agenda.
