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| DOL/OASAM | RIN: 1291-AA52 | Publication ID: 2026 |
| Title: ●Modifications to the Regulations with Respect to Religious Liberty | |
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Abstract:
The Department plans to issue a direct final rule revising 29 CFR 38.6(f) to ensure consistency with the Supreme Court’s recent decisions, including Carson v. Makin, 142 S. Ct. 1987 (2022). In that case, the Court determined that a state’s nonsectarian requirement for otherwise generally available tuition assistance payments to parents who live in school districts that do not operate a secondary school of their own violates the Free Exercise Clause of the First Amendment. The regulatory amendments will be aimed at ensuring the protection of religious liberty for participants and beneficiaries under the Department’s programs. Pursuant to recent Supreme Court case law, the rule will also amend the undue burden standard applicable to religious accommodations. |
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| Agency: Department of Labor(DOL) | Priority: Substantive, Nonsignificant |
| RIN Status: First time published in the Unified Agenda | Agenda Stage of Rulemaking: Final Rule Stage |
| Major: No | Unfunded Mandates: No |
| EO 14192 Designation: Deregulatory | |
| CFR Citation: 29 CFR 38 | |
| Legal Authority: Carson v. Makin, 142 S. Ct. 1987 (2022) Espinoza v. Montana Dep't of Revenue, 591 U.S. 464 (2020) Trinity Lutheran Church of Columbia, Inc. v. Comer, 582 U.S. 449 (2017) | |
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Legal Deadline:
None |
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Timetable:
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| Regulatory Flexibility Analysis Required: No | Government Levels Affected: Federal |
| Small Entities Affected: No | Federalism: No |
| Included in the Regulatory Plan: No | |
| RIN Data Printed in the FR: No | |
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Agency Contact: Naomi Barry-Perez Director, Civil Rights Center Department of Labor Office of the Assistant Secretary for Administration and Management 200 Constitution Avenue NW, FP Building, Room N-4123, Washington, DC 20210 Phone:202 693-6500 TDD Phone:800 877-8339 Fax:202 693-6505 Email: barry-perez.naomi@dol.gov |
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