This article examines the legal aspects surrounding Religious exemptions in federal contracts laws. This article also addresses Executive Order 11246 as well as Section 702(a), Title VII of Civil Rights Act of 1964. In addition, we discuss the special requirements for products exempt from religious restrictions. And we conclude with some important advice for employers.
Executive Order 11246
To clarify the religious exemption, the Office of Federal Contract Compliance Programs proposed rulemaking. This proposed rule will build on precedent from the Supreme Court and clarify what is a religious organisation. The rule includes guidelines and examples that will help applicants. Additionally, the OFCCP published FAQs regarding the religious exemption.
Executive Order 11246 protects employers who are organized and held accountable for religious purposes. They are allowed to set employment conditions that reflect religious principles and avoid violating any 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 1964
Justice Brennan concurred that SS 702 can be more easily applied to nonprofits than to for profit entities. This is because the statutory language would more easily accommodate activities of religious organizations 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. SS 702(a) allows for government activity to advance religion, but must not inhibit it. This question has been addressed by the courts in a number of cases.
Religious exemptions in federal contracting laws
Religious organizations are protected from discrimination under federal contracting laws. Businesses are also protected by these laws. Members of religious organizations may be hired to work for them and can also conduct religious activities. This could enable them to apply for federal contracts. However, religious organizations must be aware that there are important restrictions. First, they must 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 rules are intended to encourage religious organizations to take part in federal contracts while providing protections for them. These rules will take effect on January 8, 2021.
Influence on employees' credibility
Sometimes, religious exemptions can be detrimental to an employee's credibility. An employee may not be in a position to prove that her religion is compatible with the policies and values of her employer. The employer might question the employee's sincerity if this is the case.
Another example could be employees who use religious words or symbols in their greetings to co-workers. Employees who use religious phrases or symbols at work may feel they have a moral responsibility to spread their faith and/or preach. Employees should inform their employers about such conduct and explain why they believe the way they do.