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DOL/OFCCP | RIN: 1250-AA09 | Publication ID: Fall 2021 |
Title: Proposal to Rescind Implementing Legal Requirements Regarding the Equal Opportunity Clause's Religious Exemption | |
Abstract:
The Office of Federal Contract Compliance Programs is proposing to rescind the December 8, 2020, final rule, "Implementing Legal Requirements Regarding the Equal Opportunity Clause’s Religious Exemption" (85 FR 79324), which would include the removal of certain definitions at 41 CFR 60-1.3 related to the religious exemption and 41 CFR 60-1.5(e) and (f). The rescission would ensure that the religious exemption contained in section 204(c) of Executive Order 11246 is consistent with nondiscrimination principles of Title VII of the Civil Rights Act of 1964, as amended. The notice of proposed rescission was published on November 9, 2021. |
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Agency: Department of Labor(DOL) | Priority: Other Significant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Proposed Rule Stage |
Major: No | Unfunded Mandates: No |
CFR Citation: 41 CFR 60-1 (To search for a specific CFR, visit the Code of Federal Regulations.) | |
Legal Authority: E.O. 11246 |
Legal Deadline:
None |
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Statement of Need: The Office of Federal Contract Compliance Programs issued a proposal to rescind the regulations established in the final rule titled Implementing Legal Requirements Regarding the Equal Opportunity Clause’s Religious Exemption and returning to the agency’s traditional approach, which applies Title VII principles and applicable case law and thus will promote clarity and consistency in the application of the religious exemption. |
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Summary of the Legal Basis: Executive Order 11246 (as amended). |
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Alternatives: OFCCP considered the alternative of engaging in affirmative rulemaking to replace the 2020 rule rather than rescinding it. |
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Anticipated Costs and Benefits: The Department prepared estimates of the anticipated costs and discussed benefits associated with the proposed rule. |
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Risks: To be determined. |
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Timetable:
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Regulatory Flexibility Analysis Required: No | Government Levels Affected: Undetermined |
Federalism: No | |
Included in the Regulatory Plan: Yes | |
Public Comment URL: https://www.regulations.gov/document/OFCCP-2021-0001-0001 | |
RIN Data Printed in the FR: No | |
Agency Contact: Tina Williams Acting Deputy Director of OFCCP and Director, Division of Policy and Program Development Department of Labor Office of Federal Contract Compliance Programs 200 Constitution Avenue NW, Room C-3325, Washington, DC 20210 Phone:202 693-0104 Email: williams.tina.t@dol.gov |