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ARTICLE · 11 NOVEMBER 2021

OFCCP Publishes Proposal To Rescind Religious Exemption Rule

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As a follow up to yesterday's announcement, OFCCP published its proposal to rescind the "Implementing Legal Requirements Regarding the Equal Employment Opportunity Clause's Religious Exemption"...

United StatesGovernment, Public Sector
Guy Brenner
Guy Brenner
Megan Childs
Megan Childs
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As a follow up to yesterday's announcement, OFCCP published its proposal to rescind the "Implementing Legal Requirements Regarding the Equal Employment Opportunity Clause's Religious Exemption" rule (the "Religious Exemption Rule") today. The Religious Exemption Rule expanded the existing exemption on religious entities' compliance with the anti-discrimination provisions of Executive Order 11246.

OFCCP contends that the Religious Exemption Rule, which was enacted during the prior administration, "create[d] a lack of clarity regarding the scope and application of the exemption because. it misstate[d] the law in key respects." In its proposal, OFCCP lists a number of ways in which the Religious Exemption Rule departs from Title VII principles and "long-standing policy" regarding equal employment opportunity. OFCCP reasons that these inconsistencies "likely . increase[d] rather than decrease[d] confusion about the application of the Executive Order 11246

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