We wanted to bring to your attention an opinion letter that was quietly issued by the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) during the last weeks of the Trump Administration. The letter is in response to a stakeholder’s inquiry expressing “strong interest” in confirming that Jewish Americans are permitted to practice their faith in the workplace and that the employees of federal contractors generally are able to practice their own faiths free from discrimination and harassment.
Importantly, the letter should not be confused with OFCCP’s recently issued controversial regulations clarifying the scope and application of E.O. 11246’s religious exemption, which essentially expand the universe of contractors that can claim they are not subject to OFCCP requirements. Indeed, the letter deals exclusively with prohibited actions regarding the treatment of employees who exercise religious practices or observances in the workplace. As such, the letter provides some helpful guidance on how to minimize potential religious discrimination claims.
Members of the Center for Workplace Compliance (CWC) can read more here.