Religious entities given clarity in federal procurement. The Office of Federal Contract Compliance Programs issued its Final Rule on “Implementing Legal Requirements Regarding the Equal Opportunity Clause’s Religious Exemption.” The agency’s Notice of Proposed Rulemaking on this topic generated heated controversy and more than 109,726 comments. Notwithstanding the strong interest in the OFCCP’s rulemaking, the impact will be limited to religious organizations that choose to contract with the federal government. The OFCCP notes that “[t]he vast majority of contractors and their employees, as well as OFCCP’s enforcement program, will be unaffected by this rule.” Background Executive Order 11246 prohibits discrimination on the basis of religion and was amended by President George W. Bush to exempt religious organizations in the same fashion as they are exempted from Title VII. The OFCCP’s regulations implement this exemption and currently provide that the non-discrimination requirements “shall not apply to a Government contractor or subcontractor that is a religious corporation, association, educational institution or society, with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution, or society of its activities. Such contractors and subcontractors are not exempted or excused […]
