This article examines legal issues surrounding Religious exclusions in federal contracting laws. This article also addresses Executive Order 11246 as well as Section 702(a), Title VII of Civil Rights Act of 1964. We also examine the requirements for products that are religiously exempt. The final part of the article contains important advice for employers.
Executive Order 11246
The Office of Federal Contract Compliance Programs has issued proposed rulemaking to clarify the religious exemption. The rule is based on precedents from the Supreme Court. It will clarify what makes a religious organization. It also includes examples and guidelines for applicants. The OFCCP has also published FAQs concerning 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), 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. This is because the statutory language would more easily accommodate activities of religious organizations that are not for-profit. On the contrary, a religious association that is involved in religious activities would make SS702 seem unconstitutional.
An activity cannot be considered "prejudiced" by government to qualify for exemption under Section 702(a). SS 702 (a) permits government activity to promote religion but not to hinder it. This question was addressed in cases cited by the court.
Federal contracting law exemptions for religious reasons
Under federal contracting laws, religious organizations are afforded protection from discrimination. Businesses are also protected by these laws. Religious organisations can employ members of their faith to 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 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.
Employee credibility is affected
Sometimes, religious exemptions can be detrimental to an employee's credibility. An employee may not be in a position to prove that her religion is compatible with the policies and values of her employer. The employer might question the employee's sincerity if this is the case.
Other examples may involve employees who display religious symbols at work or use religious phrases when greeting co-workers. 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.