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October 10, 2023

Comments Regarding EEOC’s Notice of Proposed Rulemaking Regarding Regulations to Implements the Pregnant Workers Fairness Act

Advancing American Freedom is deeply concerned that the Equal Employment Opportunity Commission is violating the will of the American people, the direction of Congress, and EEOC precedent in its proposed rule to implement the Pregnant Workers Fairness Act. Instead of following the express statutory language, the EEOC is blatantly violating the rule of law with a proposed rule that reflects nothing other than the political will of the Biden-Harris administration. Specifically, this proposed rule ignores the plain sense of statutory language and expands the powers of a government agency in contradiction to the law’s explicit and intended purpose. Further, the rule attempts to interpret statutes in a way that is antithetical to EEOC’s own longstanding definition of “related medical condition,” and violates the judicial standard set by Auer v. Robbins (1997) and narrowed in Kisor v. Wilke (2019).

In this proposed rule, EEOC has failed to consider – or has chosen to ignore – the explicit language and intent of the statute and has instead substituted an aggressive pro-abortion agenda where the Act was created simply to address pregnant mothers in the workforce. Further, the proposed rulemaking would almost certainly fail judicial scrutiny even under the most liberal reading of Chevron and Auer deference. Even so, it is the abusive misreading of agency authority as exhibited by the EEOC that has prompted AAF to file seven amicus briefs in Federal courts this year calling for the overturning of Chevron and Auer to restore balance among the three branches of the Federal government. Given the EEOC’s unconstitutional overreach here, AAF demands that the proposed rule be rescinded.

AAF Statement on Hamas War Against Israel

October 7th, 2023

Advancing American Freedom released the following statement after Iran-controlled Hamas terrorists declared war on Israel.

“The horrific violence we are now seeing waged on Israel has been made possible by the Biden administration’s weakness on the world stage. Israel has every right to defend itself against these brutal attacks,” said AAF Executive Director Paul Teller. “America will always stand with Israel against the Iranian regime and its proxies.”

AAF Statement on Unanswered Israel FOIA Request by Biden Administration

October 10, 2023

Advancing American Freedom issued the following statement on the unanswered FOIA request to the Biden administration on their remarks expressing “strong opposition” to Jewish communities in Judea and Samaria, characterizing their existence as “provocative.” The FOIA request was submitted in May of 2022 and has now gone 500 days without answer from the Biden administration, and FOIA requests, by law, are required to be answered in 20 days.

“Israel just survived its darkest day after enduring a brutal attack from Hamas with more hard days to come, and Jewish communities around the world are reeling from the horrors of the past few days. Their terror has only been exacerbated by the lukewarm responses of the United States,” said AAF Executive Director Paul Teller. “The Biden administration in 2022 made remarks in “strong opposition” to Jewish communities residing in Judea and Samaria and considered them “provocative,” calls that have gone unexplained despite repeated demands. Hesitation to stand with our allies has consequences. After the barbaric attacks on Israel these past days the American people still deserve answers for these shameful remarks and whether the Administration still deems Jews living in peace in their homeland as ‘provocative.’”

Background

Advancing American Freedom has been calling out the rise of antisemitism on the Left and in this administration. See Executive Director Paul Teller’s op-ed here from August.