There are two principal questions at issue: Which employers can qualify as religious organizations that may exercise the exemption? And what is the scope of the exemption for qualifying employers?Īs to the first question, under established Title VII case law, an employer can qualify for the exemption if its purpose and character are primarily religious. Instead, it resulted in increased uncertainty about the religious exemption because of its divergence from the approach to the Title VII religious exemption taken by courts and the Equal Employment Opportunity Commission, as well as from OFCCP’s past practice. However, the 2020 religious exemption rule did not provide clarity. The rule that OFCCP promulgated in December 2020 purported to clarify the scope and application of the religious exemption. What prompted OFCCP to rescind the 2020 religious exemption rule? The Executive Order 11246 religious exemption expressly imports the religious exemption found in Title VII of the Civil Rights Act of 1964, which, as amended in 1972, permits qualifying religious corporations, associations, educational institutions, and societies to prefer in employment individuals of a particular religion.Ģ. What is the Executive Order 11246 religious exemption and what types of contractors may qualify?Įxecutive Order 11246 prohibits federal contractors and subcontractors from discriminating in employment decisions on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin. How does the Religious Freedom Restoration Act (RFRA) interact with Executive Order 11246?.How does the “ministerial exception” interact with Executive Order 11246?.How can I sign up to participate in these educational events and opportunities?.What steps has OFCCP taken to educate the public on the rescission of the 2020 religious exemption rule (e.g., workshops, webinars, and the issuance of other guidance materials)?.Technical Assistance and Public Education How will OFCCP ensure that the EO 11246 religious exemption is applied consistently with principles and case law interpreting the Title VII religious exemption?.If OFCCP determines that a contractor is entitled to the religious exemption, is it completely exempt from following Executive Order 11246?.How can a contractor request the religious exemption under 41 CFR 60–1.5(a)(5)?.Does rescinding the 2020 religious exemption rule affect OFCCP’s Guidelines on Discrimination Because of Religion or National Origin?.What effect does rescinding the 2020 religious exemption rule have?.What prompted OFCCP to rescind the 2020 religious exemption rule?.What is the Executive Order 11246 religious exemption and what types of contractors may qualify?. The rescission does not remove the Executive Order 11246 religious exemption itself, which still appears in the regulations and is available to qualifying contractors. This rescission removes the regulations established by that rule, referred to in these FAQs as the “2020 religious exemption rule,” regarding the religious organization exemption under Executive Order 11246. On March 1, 2023, the Office of Federal Contract Compliance Programs (OFCCP) published the " Rescission of Implementing Legal Requirements Regarding the Equal Opportunity Clause’s Religious Exemption Rule" in the Federal Register.
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