This article discusses the legal issues surrounding Religious Exemptions in Federal Contracting Laws. It also discusses Executive Order 11246, Section 702(2) of Title VII of Civil Rights Act of 64. In addition, we examine the special requirements for religiously exempt products. 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. The proposed rule builds on recent Supreme Court precedent and will clarify what constitutes a religious organization. The proposed rule provides guidelines and examples 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. However, this exemption does not apply to organizations that discriminate on the basis of race, national origin, or gender.
Section 702(a), Title VII of 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. Because the statutory language would allow religious organizations to carry out activities that are not for profit, it would be easier. 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.
A government activity cannot "prejudice" an activity in order to be exempted from liability under Section 702(a) of Civil Rights Act. 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 give religious organizations protection from discrimination. These protections apply to all businesses. Religious organisations can employ members of their faith to conduct religious activities. This could make them eligible for federal contracts. There are however some important limitations for religious organisations. They must first follow 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. The rules will go into effect on January 8, 2020.
The impact on the employee's 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. If this is the case, the employer may question her sincerity.
Others include employees who wear religious symbols at work, or use religious greetings for co-workers. These employees may feel that they have a moral duty to profess their beliefs or proselytize. Employers should be aware of this behavior and tell their employees why they believe it.