This article examines legal issues surrounding Religious exclusions in federal contracting laws. It also covers Executive Order 11246 (and Section 702(a), Title VII of Civil Rights Act of 1965). In addition, we discuss the special requirements for products exempt from religious restrictions. We conclude with important advice for 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. The rule offers examples and guidelines to applicants. The OFCCP has also published FAQs concerning the religious exemption.
The Executive Order 11246 religious exemption protects employers who are organized for a religious purpose, hold out that purpose, and exercise religion in furtherance of their purpose. Employers can create employment conditions based solely on religious principles without having to violate other workplace laws. This exemption is not available to discriminating organizations based on race, gender, national origin or gender.
Section 702(a) of Title VII of the Civil Rights Act of 1964
Justice Brennan concurred that SS 702 can be more easily applied to nonprofits than to for profit entities. This is because the statutory language will more easily allow activities of religious organisations that are not for profit. A religious organization with religious activities for profit would, on the other hand stretch the language of SS702 to the point that it is unconstitutional.
An activity cannot be considered "prejudiced" by government to qualify for exemption under Section 702(a). SS702(a), allows government activities to promote religion, but it must not hinder it. This question has been addressed by the courts in a number of cases.
Federal contracting laws may allow religious exemptions
Under federal contracting laws, religious organizations are afforded protection from discrimination. These protections also apply to businesses. Religious organisations can employ members of their faith to conduct religious activities. This could help them qualify for federal contracts. But there are some important restrictions for religious organizations. First, they must 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. The rules will encourage more religious organizations participation in federal contracts and provide them with appropriate protections. The rules are set to become effective 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. The employer might question the employee's sincerity if this is the case.
Some employees may use religious phrases to greet co-workers or display religious symbols at their workplace. Some employees feel they have a moral obligation to share their faith or preach the gospel. In these cases, employees must inform their employers of such behavior and explain why they believe in their religion.