View Rule

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.

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.

Summary of the Legal Basis:

Executive Order 11246 (as amended).

Alternatives:

OFCCP considered the alternative of engaging in affirmative rulemaking to replace the 2020 rule rather than rescinding it.

Anticipated Costs and Benefits:

The Department prepared estimates of the anticipated costs and discussed benefits associated with the proposed rule.

Risks:

To be determined.