This article discusses the legal issues surrounding Religious Exemptions in Federal Contracting Laws. It also covers Executive Order 11246 (and Section 702(a), Title VII of Civil Rights Act of 1965). We also look at the special requirements that religiously exempt products must meet. Employers will find some useful advice at the end.
Executive Order 11246
To clarify the religious exemption, the Office of Federal Contract Compliance Programs proposed rulemaking. 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. 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. This exemption allows them to create employment conditions that are based on religious principles, and not violate any workplace laws. This exemption is not available to discriminating organizations based on race, gender, national origin or gender.
Section 702(1) of Title VII of Civil Rights Act of 1963
Justice Brennan concurred and noted that SS702 is more palatable when it is applied to non-profits than to for-profit organizations. 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 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), which allows government activity to promote religious beliefs, must not hinder them. This question was addressed in cases cited by the court.
Federal contracting laws allow for religious exemptions
Federal contracting laws provide protection against discrimination for religious organizations. These protections also apply to businesses. Religious organizations are allowed to hire members of their faith, and they can conduct religious activities. This could help them qualify for federal contracts. However, religious organizations must be aware that there are important restrictions. First, they must adhere to 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 take effect on January 8, 2021.
Impact on employee credibility
Religious exemptions can sometimes have a negative impact upon employee credibility. For example, an employee may not be able to show that her religious practice is in accordance with her employer's values and policies. Employers may be suspicious if she can't prove her sincerity.
Some employees may use religious phrases to greet co-workers or display religious symbols at their workplace. These employees might feel they have an obligation to speak out or promote their beliefs. These employees should inform their employers and explain why their faith is important.