OFCCP Proposing Revisions to Its Regulations Governing E.O. 11246’s Religious Exemption To Increase Scope of Exemption’s Coverage

The Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has published a Notice of Proposed Rulemaking (NPRM) to revise its regulations interpreting the religious exemption contained within Executive Order (E.O.) 11246.

The proposal would amend OFCCP’s current regulations in two ways. First, it would add five new definitions relating to religion. Second, it would codify the Trump Administration’s policy of protecting religious exercise by ensuring that the exemption is interpreted broadly to the fullest extent possible. Taken together, these changes could increase the number of federal contractors eligible for the religious exemption and broaden the scope of conduct covered by the exemption.

OFCCP is giving the public only 30 days (until September 16) to submit written comments. The NPRM, published on August 15, 2019, is available online.

Members of the Center for Workplace Compliance (CWC) can read more here.