In Stanley M. Herzog Foundation v. EEOC, (W.D. Mo. Oct 04, 2024), a Missouri federal district court issued a preliminary injunction barring the EEOC from enforcing the Pregnant Workers Fairness Act and rules implementing it against plaintiff, a nonprofit Christian educational organization, where enforcement would require plaintiff to accommodate abortions that are contrary to its sincere religious beliefs. The court said in part:
... [T]he EEOC has not established that it used the least restrictive means to advance its interests at this stage. The Final Rule’s approach requires employers to provide accommodations for employees who obtain abortions and permits a religious employer to assert a religious defense only after an employee brings a complaint against it for refusing to provide accommodations. There is no way for a religious employer to ensure it will not face investigation or prosecution ahead of time. The Foundation suggests a number of alternatives the EEOC could have taken, which are less restrictive of its free exercise rights.... The EEOC argues these alternatives are not feasible because the PWFA does not give it authority to predetermine religious exemptions or defenses. Ultimately, the burden is on the EEOC to “prove with evidence” that its policies are the least restrictive means “to achieve its compelling interest, including alternative forms of regulation.”
... [T]he Foundation is likely to succeed on the merits of its RFRA claim.....
The Heartlander reports on the decision.
