On September 18, 2024, a North Dakota judge issued a temporary injunction preventing the Equal Employment Opportunity Commission EEOC from enforcing specific anti-discrimination regulations concerning abortion, fertility treatments, and LGBTQ employees.
This decision, made by U.S. District Court Judge Daniel Traynor, was in response to a lawsuit brought by the Catholic Diocese of Bismarck and a Catholic employers association.
Judge Traynor criticized the EEOC’s regulations as clearly anti-religion, arguing that they infringe upon the First Amendment rights of religious organizations.
His ruling follows recent arguments presented in federal court in Bismarck, highlighting ongoing tensions between religious freedoms and federal employment regulations.
The case centers on provisions from the EEOC’s implementation of the Pregnant Workers Fairness Act, which requires workplace accommodations for pregnant and postpartum individuals.
The EEOC’s interpretation also extended protections to those seeking abortions or fertility treatments, a move that the plaintiffs contend was beyond Congress’ intent and contrary to Catholic teachings.
Currently, the EEOC’s guidance indicates that workplace harassment related to reproductive health decisions, as well as sexual orientation and gender identity, may be classified as sex discrimination under Title VII of the Civil Rights Act.
However, the Catholic plaintiffs argue that this guidance contradicts their beliefs, which oppose abortion and certain reproductive technologies.
The EEOC defended its stance in court, asserting that the plaintiffs lack standing to sue, as they did not prove they would face discrimination under the new regulations.
However, Judge Traynor ruled that the regulations impose a significant burden on the plaintiffs’ religious exercise, noting that the government failed to demonstrate a compelling interest in maintaining the regulations or to adequately consider the impact on religious organizations.
As a result of this order, the Catholic Diocese of Bismarck and its association members are currently exempt from enforcement actions related to these contested regulations while the lawsuit is ongoing.
Judge Traynor, appointed by former President Donald Trump, has a history of involvement with the North Dakota Catholic Conference, adding context to his judicial perspective.