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No Private Action Under Federal Statute Barring Discrimination Against Health Care Workers

By Howard M. Friedman

In Cenzon-DeCarlo v. Mount Sinai Hospital, (2d Cir., Nov. 23, 2010), the U.S. Second Circuit Court of Appeals held that there is no private right of action for either damages or inunctive relief under the federal statute barring discrimination in employment against health care workers who refuse to participate in sterilization or abortion procedures.  42 USC Sec. 300a-7(c) (the Church Amendment) bars recipients of federal funds from refusing to hire or promote, or from firing, employees with conscientious objections to such participation. Plaintiff, an operating room nurse, claimed she was coerced by her supervisors into participating in a late-term abortion procedure. The court concluded that the language of the statute does not indicate a Congressional intent to create a private remedy. [Thanks to Steven H. Sholk for the lead.]

Full post as published by Religion Clause on November 24, 2010 (boomark / email).