Published December 2, 2024
On December 2, 2024, EPPC scholars Rachel N. Morrison and Natalie Dodson submitted a public comment on the U.S. Department of Health and Human Services (HHS) proposed acquisition regulation, which includes revisions to nondiscrimination requirements for contractors and the government.
As the scholars explained:
These requirements, which we address [in our comment], raise questions about what constitutes discrimination on certain bases, such as disability, sex, sexual orientation, and gender identity. HHS’s proposal also fails to address the broad constitutional and statutory protections for religious organizations contracting with HHS to make employment decisions based on religion.
The scholars asked the Department to “clarify the scope of these nondiscrimination requirements, ensure such requirements are consistent with the law, and acknowledge constitutional and statutory protections for religious organizations.”
Other organizations submitting comments on the proposed rule include:
Rachel N. Morrison is a Fellow at the Ethics and Public Policy Center, where she directs EPPC’s Administrative State Accountability Project. An attorney, her legal and policy work focuses on religious liberty, health care rights of conscience, the right to life, nondiscrimination, and civil rights.
