This article examines the legal aspects surrounding Religious exemptions in federal contracts laws. It also discusses Executive Order 11246, Section 702(2) of Title VII of Civil Rights Act of 64. We also examine the requirements for products that are religiously exempt. Employers will find some useful advice at the end.
Executive Order 11246
The Office of Federal Contract Compliance Programs has issued proposed rulemaking to clarify the religious exemption. This proposed rule will build on precedent from the Supreme Court and clarify what is a religious organisation. The rule includes guidelines and examples that will help applicants. Further, the OFCCP provides FAQs on religious exemption.
Executive Order 11246 allows employers to be protected if they are organized for a religion-related purpose. This exemption allows them to create employment conditions that are based on religious principles, and not violate any 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 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. This is because the statutory language would more easily accommodate activities of religious organizations that are not for-profit. However, a religious group that engages in religious activities that are not for-profit might make SS 702 unconstitutional.
An activity cannot be considered "prejudiced" by government to qualify for exemption under Section 702(a). SS702(a), while allowing government activity that promotes religion, cannot hinder it. This question was addressed in cases cited by the court.
Federal contracting legislation allows for religious exemptions
Federal contracting laws give religious organizations protection from discrimination. These protections extend to businesses as well. Members of religious organizations may be hired to work for them and can also conduct religious activities. They could be eligible for federal contracts. However, religious organizations must be aware that there are important restrictions. They must first 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 will be effective from January 8, 2021.
Impact on employee credibility
In some situations, religious exemptions can have a negative impact on employee credibility. For example, an employee might not be capable of proving that her religious beliefs are compatible with her employer's policies or values. Employers might be suspicious of an employee who cannot show that her religious practice is in line with their policies and values.
Another example could be employees who use religious words or symbols in their greetings to co-workers. Some employees feel they have a moral obligation to share their faith or preach the gospel. Employers should be aware of this behavior and tell their employees why they believe it.