On January 9, 2024, the US Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced a Final Rule, entitled Safeguarding the Rights of Conscience as Protected by Federal Statutes. The effective date of this Final Rule is January 9, 2024.
The Final Rule clarifies the process for enforcing federal conscience laws and strengthens protections against conscience and religious discrimination. This Final Rule is HHS’s latest action in furtherance of Executive Order 13985, entitled Advancing Racial Equity and Support for Underserved Communities Through the Federal Government.
In 2019, OCR issued a sweeping Final Rule that was held unlawful by three federal district courts. Today’s Final Rule partially rescinds the 2019 rule, restores the longstanding process for enforcing federal conscience laws, and strengthens protections against conscience and religious discrimination.
The Department received over 48,000 comments on the proposed rule from faith-based organizations, patient advocacy organizations, lawmakers, reproductive rights organizations, and more. After carefully considering these comments, the Final Rule clarifies what federal conscience laws OCR enforces, details how OCR will enforce federal conscience laws, and encourages covered entities, such as grantees and providers, to voluntarily post a notice of rights to ensure compliance and educate the public about conscience statutes and rights.
The Final Rule may be viewed here: https://www.federalregister.gov/public-inspection/2024-00091/safeguarding-the-rights-of-conscience-as-protected-by-federal-statutes.
View the Final Rule Fact Sheet here: https://www.hhs.gov/conscience/conscience-protections/fact-sheet-safeguarding-rights-conscience-protected-federal-statutes/index.html.
Compliance Perspective
Issue
Religious discrimination involves treating a person (an applicant for employment or admission or an employee) unfavorably because of his or her religious beliefs. The law protects not only people who belong to traditional, organized religions, such as Buddhism, Christianity, Hinduism, Islam, and Judaism, but also others who have sincerely held religious, ethical, or moral beliefs. The law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment. Unless it would be an undue hardship on the employer’s operation of its business, an employer must reasonably accommodate an employee’s religious beliefs or practices.
Discussion Points
- Review policies and procedures to ensure prevention of any type of discrimination, including religious discrimination. Revise policies and procedures if needed.
- Train staff about their right to be free from discrimination in the workplace. Teach staff to report any concerns of discrimination against themselves, their co-workers, or other individuals to their immediate supervisor, the compliance officer, or through the facility’s hotline.
- Periodically audit by anonymously polling staff to determine if they are experiencing discrimination or have observed it happening to others. Ask if they feel free to report such instances without fear of retaliation or retribution. Also periodically audit to learn if any individuals were denied care or admission in violation of the law.
*This news alert has been prepared by Med-Net Concepts, LLC for informational purposes only and is not intended to provide legal advice.*
