This article explores the legal issues surrounding Religious exemptions in federal contracting laws. This article also addresses Executive Order 11246 as well as Section 702(a), Title VII of Civil Rights Act of 1964. We also examine the requirements for products that are religiously exempt. The final part of the article contains important advice for employers.
Executive Order 11246
The Office of Federal Contract Compliance Programs published a proposal for rulemaking to clarify and expand the exemption from religious persecution. The proposed rule builds on recent Supreme Court precedent and will clarify what constitutes a religious organization. The rule offers examples and guidelines to applicants. Further, the OFCCP has published FAQs on the religious exemption.
The Executive Order 11246 religious exemption protects employers who are organized for a religious purpose, hold out that purpose, and exercise religion in furtherance of their purpose. Employers can create employment conditions based solely on religious principles without having to violate other workplace laws. However, the exemption does not apply for organizations that discriminate based on gender, race, or national origin.
Section 702(a), Title VII of Civil Rights Act of 1965
Justice Brennan concurred that SS 702 can be more easily applied to nonprofits than to for profit entities. This is because the statutory language will more easily allow activities of religious organisations that are not for profit. A religious organization with religious activities for profit would, on the other hand stretch the language of SS702 to the point that it is unconstitutional.
A government activity cannot "prejudice" an activity in order to be exempted from liability under Section 702(a) of Civil Rights Act. SS702(a), while allowing government activity that promotes religion, cannot hinder it. This question was addressed in cases cited by the court.
Federal contracting laws may allow religious exemptions
Religious organizations have protection from discrimination under federal contracting law. Businesses are also protected by these laws. Religious groups can hire members of the faith they serve and engage in religious activities. They could be eligible for federal contracts. But there are some important restrictions for religious organizations. First, they have to follow the law.
The Department of Labor's Office of Federal Contract Compliance Programs recently proposed regulations to clarify the definition of the religious exemption, including new definitions. These regulations are designed to encourage religious organizations and ensure that they receive the proper protections. The rules are set to become effective on January 8, 2021.
The impact on the employee's credibility
Religious exemptions can sometimes have a negative impact upon employee credibility. For example, an employee may not be able to show that her religious practice is in accordance with her employer's values and policies. Employers may be suspicious if she can't prove her sincerity.
Employees who use religious phrases or symbols when greeting colleagues at work are another example. These employees might feel they have an obligation to speak out or promote their beliefs. These employees should inform their employer and explain why it is they believe in the religion.