This article examines the legal issues surrounding religious exemptions in federal contracting legislation. It also discusses Executive Order 11246, Section 702(2) of Title VII of Civil Rights Act of 64. 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
The Office of Federal Contract Compliance Programs published a proposal for rulemaking to clarify and expand the exemption from religious persecution. This proposed rule will build on precedent from the Supreme Court and clarify what is a religious organisation. The rule also provides examples and guidelines for applicants. Additionally, the OFCCP published FAQs regarding the religious exemption.
Executive Order 11246 allows employers to be protected if they are organized for a religion-related purpose. They can make employment conditions based upon religious tenets without violating any other workplace laws. Organizations that discriminate on the grounds of race, nationality, or gender are not eligible for this exemption.
Section 702 (a) of Title VII of Civil Rights Act of 64
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. 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. SS702(a), allows government activities to promote religion, but it must not 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 apply to all 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. Religious organisations have to follow certain restrictions. First, they have to 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. The rules are set to become effective on January 8, 2021.
Employee credibility is affected
Some religious exemptions may have a negative effect on an employee's reputation. 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.
Employees who use religious phrases or symbols when greeting colleagues at work are another example. They may feel that they are obligated to preach their beliefs or help others. These employees should inform their employers and explain why their faith is important.