Earlier this year, the U.S. Department of Health and Human Services (HHS) promulgated regulations intended to prohibit recipients of HHS funds from taking adverse action against an employee on the basis of his or her protected religious or moral objections. Originally scheduled to go into effect on July 22, 2019, the implementation date was subsequently delayed until at least November 22, 2019.
The rule was immediately subject to a legal challenge filed in federal court in New York by a number of states and localities and advocacy groups claiming that HHS had exceeded its authority in issuing the regulations.
Late last week, the federal trial court presiding over that lawsuit issued a 147-page opinion in New York v. U.S. Department of Health and Human Services, No. 19-04676 (S.D.N.Y. November 6, 2019). It held that HHS did not have the authority to promulgate the Conscience Protection rule and found the rule was contrary to law. The ruling in effect blocks the regulations from taking effect, at least for now.
Members of the Center for Workplace Compliance (CWC) can read more here.