Letter
USCCB Letter to U.S. Office of Federal Contract Compliance Programs regarding Implementing Legal Requirements for the Equal Opportunity Clause's Religious Exemption (2019)
USCCB Letter to U.S. Office of Federal Contract Compliance Programs regarding Implementing Legal Requirements for the Equal Opportunity Clause's Religious Exemption, September 4, 2019
On behalf of the United States Conference of Catholic Bishops, we submit the following comments on the proposed regulations regarding the religious exemption set forth in section 204(c) of Executive Order (“EO”) 11246. 84 Fed. Reg. 41677 (Aug. 15, 2019). We commend the Office of Federal Contract Compliance Programs (“OFCCP”) for the proposed regulations because they make several helpful clarifications regarding the meaning, scope, and application of the religious exemption set forth in EO 11246.
First, the proposed regulations clarify that “religion” is not limited to religious beliefs but includes “all aspects of religious observance and practice, as well as belief.” 84 Fed. Reg. at 41691. As the Department points out (id. at 41679), this definition appropriately tracks Title VII of the Civil Rights Act of 1964. 42 U.S.C. § 2000e(j) (defining “religion” to include “all aspects of religious observance and practice, as well as belief”). This definition is not only helpful, but sensible. A secular contractor receiving federal funds may not lawfully refuse to hire someone because he or she is, for example, Catholic. By the same token, the contractor may not lawfully exclude someone from employment because, for example, he or she attends Mass. No one would reasonably dispute that the latter, like the former, is religious discrimination. Thus, religion is properly understood, in the context of EO 11246, to include religious observance and practice as well as belief.