HR1954-119

What This Bill Does

The Do No Harm Act narrows when the Religious Freedom Restoration Act can be used to avoid federal legal obligations. It adds exceptions so RFRA subsections on substantial burdens, compelling interest, and relief do not apply to laws or implementation that provide discrimination protections or equal opportunity, including the Civil Rights Act, ADA, FMLA, and Violence Against Women Act; employer wage, compensation, benefit, leave, or collective-activity standards; protections against child labor, child abuse, or child exploitation; access to, information about, referral for, provision of, or coverage for health care items or services; government contract, grant, cooperative agreement, or award terms requiring services or activities for program beneficiaries; or situations where applying RFRA would deny full and equal enjoyment of a government-provided good, service, benefit, facility, privilege, advantage, or accommodation. It also clarifies that RFRA litigation relief is available in judicial proceedings where a government is a party and against that government, not private-party disputes.

Who Benefits and How

Civil rights complainants benefit because RFRA could not be used to avoid federal discrimination and equal-opportunity protections. Workers benefit because wage, leave, benefits, and collective-activity standards would be shielded from RFRA-based exemptions. Children benefit because child labor, abuse, and exploitation protections are carved out from RFRA avoidance. Patients benefit because health care access, referrals, information, provision, and coverage protections receive explicit RFRA exceptions. Government program beneficiaries benefit because contract and grant recipients cannot use RFRA to deny required services funded by federal awards.

Who Bears the Burden and How

RFRA claimants lose the ability to use RFRA against the listed civil rights, labor, child-protection, health care, and government-benefit obligations. Religious objectors in private disputes face a narrower path because RFRA relief is limited to proceedings where a government is a party. Government contractors and grantees must comply with beneficiary-service terms despite religious-objection arguments under RFRA. Federal courts must apply the new carveouts and distinguish government-party RFRA claims from private-party litigation.

Key Provisions

• Limits RFRA application for discrimination, equal opportunity, wage, leave, child-protection, and health care access laws.
• Protects government contract, grant, cooperative agreement, and award terms requiring services for program beneficiaries.
• Restricts RFRA use where it would deny full and equal enjoyment of government-provided benefits or accommodations.
• Clarifies RFRA relief applies in judicial proceedings where a government is a party and against that government.