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ARTICLE · 07 DECEMBER 2020

EEOC Issues Proposed Updates On Religious Bias

Constangy, Brooks, Smith & Prophete, LLP
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The Equal Employment Opportunity Commission issued on Tuesday a proposed update to the Religious Discrimination section of its Compliance Manual.

United StatesEmployment and HR
Robin Shea
Robin Shea

Here are 10 quick takes.

The Equal Employment Opportunity Commission issued on Tuesday a proposed update to the Religious Discrimination section of its Compliance Manual. The current section of the Compliance Manual has not been updated since 2008.

The proposed section is available for public comment until December 17. The EEOC will take the feedback into account and then will issue a finalized version.

Quickly. Before January 20. 

Much of the new section is consistent with what we already knew about religious discrimination. I won't go through all of that again, but here is some of the more interesting or controversial material in the new document.

No. 1: The EEOC says that it and other government entities are required by the U.S. Constitution to "analyze cases neutrally and without any hostility to religion or religious viewpoints,"  a reference to the Supreme Court's Masterpiece Cakeshop decision issued in 2018.

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