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. We conclude with important advice for employers.
Executive Order 11246
The Office of Federal Contract Compliance Programs issued a proposed rulemaking to clarify religious exemption. The new rule, which builds upon precedents from Supreme Court cases, will define what constitutes religious organizations. The rule offers examples and guidelines to applicants. The OFCCP also published FAQs about the religious exemption.
Executive Order 11246 allows employers to be protected if they are organized for a religion-related purpose. They are allowed to set employment conditions that reflect religious principles and avoid violating any workplace laws. Organizations that discriminate on the grounds of race, nationality, or gender are not eligible for this exemption.
Section 702(1) of Title VII of Civil Rights Act of 1963
Justice Brennan concurred, pointing out that SS702 is more palatable if it is used to nonprofits instead of 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.
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. This question was raised in court cases.
Federal contracting laws allow for religious exemptions
Federal contracting laws provide protection against discrimination for religious organizations. These protections extend to businesses as well. Religious organizations are allowed to hire members of their faith, and they can conduct religious activities. This could make them eligible for federal contracts. But there are some important restrictions for religious organizations. First, they must adhere to the law.
The Office of Federal Contract Compliance Programs, Department of Labor, recently issued regulations to clarify the religious exemption. These rules are intended to encourage religious organizations to take part in federal contracts while providing protections for them. The rules are set to become effective on January 8, 2021.
Influence on employees' credibility
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. Employers might be suspicious of an employee who cannot show that her religious practice is in line with their policies and values.
Others include employees who wear religious symbols at work, or use religious greetings for co-workers. These employees might feel they have an obligation to speak out or promote their beliefs. Employees should inform their employers about such conduct and explain why they believe the way they do.