This article examines legal issues surrounding Religious exclusions in federal contracting laws. It also discusses Executive Order 11246 and Section 702(a) of Title VII of the Civil Rights Act of 1964. In addition, we discuss the special requirements for products exempt from religious restrictions. The final part of the article contains important advice for employers.
Executive Order 11246
The Office of Federal Contract Compliance Programs has issued proposed rulemaking to clarify the religious exemption. The new rule, which builds upon precedents from Supreme Court cases, will define what constitutes religious organizations. It also includes examples and guidelines for applicants. Additionally, the OFCCP published FAQs regarding 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. The exemption allows them to make employment conditions based on religious tenets, without violating 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 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 will more easily allow activities of religious organisations that are not for profit. On the other side, a religious organisation that conducts religious activities for profit might be unable to use the language in SS 702 as it would be 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) permits government activity to promote religion but not to hinder it. The court cited cases that have addressed this question.
Federal contracting laws may allow 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 make them eligible for federal contracts. There are however some important limitations for religious organisations. First, they must follow the law.
Recently, regulations were proposed to clarify the definition of religious exemption by the Office of Federal Contract Compliance Programs of the Department of Labor. 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.
Influence on employees' credibility
Employee credibility can be affected by religious exemptions in certain situations. 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.
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. These employees should inform their employers and explain why their faith is important.