This article examines legal issues surrounding Religious exclusions in federal contracting laws. It also discusses Executive Order 11246, Section 702 (a) of Title VII of Civil Rights Act of 1963. In addition, we examine the special requirements for religiously exempt products. And we conclude with some important advice for employers.
Executive Order 11246
The Office of Federal Contract Compliance Programs (OFCCP) has proposed rulemaking in order to clarify the religious exemption. The rule is based on precedents from the Supreme Court. It will clarify what makes a religious organization. The rule includes guidelines and examples that will help applicants. The OFCCP also published FAQs about the religious exemption.
Employers who are organized to serve a religious purpose and hold that purpose out for their benefit under the Executive Order 11246 religion exemption are protected. Employers can create employment conditions based solely on religious principles without having to violate other workplace laws. This exemption is not available to discriminating organizations based on race, gender, national origin or gender.
Section 702(a), Title VII of Civil Rights Act of 1965
Justice Brennan concurred, pointing out that SS702 is more palatable if it is used to nonprofits instead of for-profit entities. Because the statute language is more flexible for activities of non-profit religious organizations, this is why it is easier to use. On the other hand, a religious organization that has religious activities that are for-profit would stretch the language of SS 702 to the point of being unconstitutional.
To qualify for an exemption from liability under Section 702(a) of the Civil Rights Act, an activity must not be "prejudiced" by the government. SS 702(a) allows for government activity to advance religion, but must not inhibit it. The court cited cases that have addressed this question.
Federal contracting laws allow for religious exemptions
Religious organizations are protected from discrimination under federal contracting laws. These protections also apply to businesses. Religious groups can hire members of the faith they serve and engage in religious activities. This could allow them to be eligible for federal contracts. However, religious organizations must be aware that there are important restrictions. First, they must follow the law.
The Office of Federal Contract Compliance Programs, Department of Labor, recently issued regulations to clarify the religious exemption. The rules were created to encourage more religious organisations to participate in federal contract compliance programs, and to ensure they have the appropriate protections. These rules will become effective January 8, 2021.
Employee credibility is affected
In some situations, religious exemptions can have a negative impact on 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. An employer may also question an employee's sincerity in this instance.
Other examples may involve employees who display religious symbols at work or use religious phrases when greeting co-workers. 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.