This article discusses the legal issues surrounding Religious Exemptions 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 examine the special requirements for religiously exempt products. Finally, we offer some valuable advice to 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. It also includes examples and guidelines for 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. They can make employment conditions based upon religious tenets without violating any other workplace laws. This exemption does NOT apply to organizations that discriminate against people based upon race, nationality or gender.
Section 702(a), Title VII of Civil Rights Act of 1964
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 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). SS 702(a) allows for government activity to advance religion, but must not inhibit it. This question was raised in court cases.
Federal contracting laws may allow religious exemptions
Federal contracting laws give religious organizations protection from discrimination. Businesses are also protected by these laws. Members of religious organizations may be hired to work for them and can also conduct religious activities. This could allow them to be eligible for federal contracts. Religious organizations have to be aware of some restrictions. First, they must adhere to the law.
The Department of Labor's Office of Federal Contract Compliance Programs recently proposed regulations to clarify the definition of the religious exemption, including new definitions. 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.
Employee credibility is affected
Sometimes, religious exemptions can be detrimental to an employee's credibility. For example, an employee might not be capable of proving that her religious beliefs are compatible with her employer's policies or values. If this is the case, the employer may question her sincerity.
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. Employees should inform their employers about such conduct and explain why they believe the way they do.