This article examines legal issues surrounding Religious exclusions in federal contracting laws. It also discusses Executive Order 11246, Section 702(2) of Title VII of Civil Rights Act of 64. We also look at the special requirements that religiously exempt products must meet. The final part of the article contains 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 new rule, which builds upon precedents from Supreme Court cases, will define what constitutes religious organizations. The proposed rule provides guidelines and examples for applicants. The OFCCP also published FAQs about the religious exemption.
Executive Order 11246 provides protection for employers who are organized or hold out a religious purpose. It also allows them to exercise their religion in furtherance. 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) of Title VII of the Civil Rights Act of 1964
In a concurring opinion, Justice Brennan noted that SS 702 is more palatable when applied to nonprofits than 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. This question was addressed in cases cited by the court.
Religious exemptions in federal contracting laws
Federal contracting laws give religious organizations protection from discrimination. These protections apply to all businesses. Members of religious organizations may be hired to work for them and can also conduct religious activities. This could make them eligible for federal contracts. There are however some important limitations for religious organisations. First, they must comply with the law.
Recently, the Office of Federal Contract Compliance Programs at the Department of Labor proposed regulations to clarify and add new definitions to the definition of religious exemption. These regulations are designed to encourage religious organizations and ensure that they receive the proper protections. These rules will become effective January 8, 2021.
Employee credibility is affected
Sometimes, religious exemptions can be detrimental to an employee's credibility. An employee might not be able show that her religious practices are in line with the employer's policies and values. 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 may feel that they have a moral duty to profess their beliefs or proselytize. Employers should be aware of this behavior and tell their employees why they believe it.