S. 894 — Do No Harm Act

This section adds a new subsection (d) to Section 3 of the Religious Freedom Restoration Act of 1993 (RFRA, which generally requires the federal government to satisfy strict scrutiny—i.e., a compelling interest achieved by the least restrictive means—before substantially burdening religious exercise) establishing exceptions to RFRA's application in specified circumstances. The exceptions apply to (1) any federal law or implementation providing or requiring (A) protections against discrimination or promotion of equal opportunity, including under the Civil Rights Act of 1964, Americans with Disabilities Act of 1990, Family and Medical Leave Act of 1993, and Violence Against Women Act of 1994; (B) employer provision of wages, compensation, benefits (including leave), or protections for collective workplace activity; (C) safeguards against child labor, abuse, or exploitation; or (D) access to, information about, referrals for, provision of, or coverage for health care items or services; (2) terms in government contracts, grants, cooperative agreements, or awards requiring goods, services, functions, or activities for program beneficiaries or participants; or (3) any application resulting in denial of a person's full and equal enjoyment of a government-provided good, service, benefit, facility, privilege, advantage, or accommodation. (Thus, RFRA's strict scrutiny requirements do not apply to religious exercise claims involving these federal protections, contracts, or equal access issues.)

This section clarifies that the Religious Freedom Restoration Act of 1993 (RFRA) applies only to judicial proceedings to which a government is a party, in which appropriate relief may be obtained against that government. (Thus, it precludes litigation between private parties under RFRA.)