- January 30, 2024
- Firm News
Catholic Health System's Win Featured in Law360
On January 18, 2023, Garfunkel Wild won a precedent-setting decision for its client and all Catholic-based health care facilities when it successfully defeated a challenge to the use of the Ethical and Religious Directives for Catholic Health Care Services ("ERDs"). (See Garfunkel Wild’s Press Release “Victory for Catholic-Based Hospital Systems Across the Country” here). In the lawsuit, a physician claimed the mandatory requirement that he abide by the ERDs conflicted with his religious beliefs and was discriminatory. Shortly after the first anniversary of that decision, on January 26, 2024, the United States Court of Appeals for the Second Circuit rejected the physician's appeal and affirmed the trial court's decision.
As reported by Law360, “The amended complaint is devoid of any facts plausibly alleging that signing either contract, and therefore agreeing that his employment would be 'subject to' or that he would provide services 'in accordance with' the ERDs, would actually conflict with his personal religious beliefs."
Catholic health care facilities now have on the books an important decision defending the use of the ERDs and are well-equipped to fend off any challenges to their right to make the ERDs a required condition of employment.
Subscribers can read the entire Law360 article here.
As reported by Law360, “The amended complaint is devoid of any facts plausibly alleging that signing either contract, and therefore agreeing that his employment would be 'subject to' or that he would provide services 'in accordance with' the ERDs, would actually conflict with his personal religious beliefs."
Catholic health care facilities now have on the books an important decision defending the use of the ERDs and are well-equipped to fend off any challenges to their right to make the ERDs a required condition of employment.
Subscribers can read the entire Law360 article here.