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. The final part of the article contains important advice for employers.
Executive Order 11246
The Office of Federal Contract Compliance Programs (OFCCP) has proposed rulemaking in order to clarify the religious exemption. The rule is based on precedents from the Supreme Court. It will clarify what makes a religious organization. The rule offers examples and guidelines to applicants. Additionally, the OFCCP published FAQs regarding 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. 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 1965
Justice Brennan concurred and noted that SS702 is more palatable when it is applied to non-profits than to for-profit organizations. This is because the statutory language will more easily allow activities of religious organisations that are not for profit. However, a religious group that engages in religious activities that are not for-profit might make SS 702 unconstitutional.
To be exempted under Section 702(a) Civil Rights Act liability, the activity must not have been "prejudiced". SS 702(a) allows for government activity to advance religion, but must not inhibit it. This question has been addressed by the courts in a number of cases.
Federal contracting laws may allow religious exemptions
Federal contracting laws provide protection against discrimination for religious organizations. These protections are available to businesses too. Members of religious organizations may be hired to work for them and can also conduct religious activities. This could enable them to apply for federal contracts. Religious organisations have to follow certain restrictions. First, they have to follow the law.
The Office of Federal Contract Compliance Programs, Department of Labor, recently issued regulations to clarify the religious exemption. These regulations are designed to encourage religious organizations and ensure that they receive the proper protections. The rules are set to become effective on January 8, 2021.
Impact on employee's credibility
Employee credibility can be affected by religious exemptions in certain situations. For example, an employee might not be capable of proving that her religious beliefs are compatible with her employer's policies or values. An employer may also question an employee's sincerity in this instance.
Some employees may use religious phrases to greet co-workers or display religious symbols at their workplace. They may feel that they are obligated to preach their beliefs or help others. In these cases, employees must inform their employers of such behavior and explain why they believe in their religion.