OFCCP Issues Opinion Letter on Religious Exemptions under E.O. 11246

Six scenarios are presented that help illustrate potential religious discrimination

Following the issuance of the final rule clarifying the E.O. 11246 religious exemption and the webinar, held on January 8, 2021, OFCCP also issued an Opinion Letter addressing the scope of the exemption.   The letter is in response to an inquiry from an organization interested in “ensuring that Jewish Americans are free to practice their faith in the workplace.” They organization also mentions that they are “concerned that employees in the technology, educating, public, and other sectors may face discrimination at work based on faith-related activities and beliefs.”

In seeking guidance from OFCCP, the organization identified six possible religious discrimination scenarios. OFCCP responded to the scenarios under the assumption that the organization was not entitled to a religious exemption. In each of the proposed situations, OFCCP points out that the action would be considered discrimination based on 41 C.F.R. § 60-50.2.

OFCCP Director, Craig Leen, ends the letter by referencing the following resources:

• Religious Accommodation section of OFCCP’s Compliance Manual
• Accommodation FAQs
• Religious Accommodations Best Practices

Read previous blog on Final Rule – 12/9/2020