Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherBrowse by ChannelAbout the NetworkJoin the NetworkProductsSub-MenuProducts OverviewBlog ProBlog PlusBlog PremierMicrositeSyndication PortalsAbout UsContactSubscribeSupport
Book a Demo
Search
Close

Labor Department’s Latest Move Aims to Expand Religious Exemption For Federal Contractors

By Christina Niro on August 22, 2019
Email this postTweet this postLike this postShare this post on LinkedIn

Last week, the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) published a proposed new rule broadening the religious exemption to its equal employment opportunity regulations. The proposed rule is based on OFCCP’s stated perception that religious organizations are “reluctant to participate as federal contractors because of uncertainty regarding the scope of the religious exemption.” LGBTQ advocates are lambasting the move by the Trump Administration as a deliberate attempt to engage in taxpayer-funded discrimination.

The rule proposes the following noteworthy “clarifications”:

  • The exemption will apply not just to churches, but to “employers that are organized for a religious purpose, hold themselves out to the public as carrying out a religious purpose, and engage in exercise of religion consistent with, and in furtherance of, a religious purpose;”
  • Federal contractor religious entities can “condition employment on acceptance of or adherence to religious tenets without sanction by the federal government, provided that they do not discriminate based on other protected bases”
  • In assessing discrimination claims alleged by OFCCP against religious organizations based on protected traits other than religion, OFCCP must find by “a preponderance of the evidence that a protected characteristic was a but-for cause of the adverse action”

The proposed rule, however, does not exempt federal contractors from adhering to affirmative action requirements or to state and local laws that: 1) specifically include gender identity and sexual orientation as protected characteristics; and 2) do not have equally broad religious exemptions.

This OFCCP directive is the latest in a series of actions taken by the Trump administration to expand “religious freedom.”  In October, the United States Supreme Court will hear oral arguments in three cases – Bostock v. Clayton County, Georgia; Altitude Express, Inc. v. Zarda; and R.G. & G.R. Harris Funeral Homes Inc. v. EEOC – that will address whether Title VII bans sexual orientation discrimination and discrimination based on gender identity. The Trump administration is arguing in these cases that federal civil rights laws do not prohibit employers from discriminating against LGBTQ workers.

The OFCCP will accept public comments on the rule for 30 days, until September 16, 2019.  Many LGBTQ advocates have said they expect a slew of legal challenges if the rule is enacted.

Photo of Christina Niro Christina Niro

Christina advises and represents employers in a broad range of employment law matters, from discrimination, retaliation, and harassment, to cases involving contract disputes, restrictive covenants, trade secret misappropriation and unfair competition. She has litigated and tried cases in state and federal courts and…

Christina advises and represents employers in a broad range of employment law matters, from discrimination, retaliation, and harassment, to cases involving contract disputes, restrictive covenants, trade secret misappropriation and unfair competition. She has litigated and tried cases in state and federal courts and various administrative agencies. Christina also provides employers of all sizes with day-to-day preventive counseling on wage and hour issues, employee discipline, litigation prevention strategies, employee handbook and policy development, and adherence to federal and state family and medical leave laws. Christina also conducts EEO training to help employers understand, prevent and correct discrimination in the workplace.

Read more about Christina NiroEmail
Show more Show less
  • Posted in:
    Employment & Labor
  • Blog:
    Labor & Employment Law Navigator
  • Organization:
    Frantz Ward LLP
  • Article: View Original Source

LexBlog, Inc. logo
Facebook LinkedIn Twitter RSS
Real Lawyers
99 Park Row
  • About LexBlog
  • Careers
  • Press
  • Contact LexBlog
  • Privacy Policy
  • Editorial Policy
  • Disclaimer
  • Terms of Service
  • RSS Terms of Service
  • Products
  • Blog Pro
  • Blog Plus
  • Blog Premier
  • Microsite
  • Syndication Portals
  • LexBlog Community
  • Resource Center
  • 1-800-913-0988
  • Submit a Request
  • Support Center
  • System Status
  • Resource Center
  • Blogging 101

New to the Network

  • Tennessee Insurance Litigation Blog
  • Claims & Sustains
  • New Jersey Restraining Order Lawyers
  • New Jersey Gun Lawyers
  • Blog of Reason
Copyright © 2025, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo