View Rule

View EO 12866 Meetings Printer-Friendly Version     Download RIN Data in XML

DOL/OFCCP RIN: 1250-AA09 Publication ID: Fall 2022 
Title: Final Action on Proposal to Rescind Implementing Legal Requirements Regarding the Equal Opportunity Clause's Religious Exemption 

The Office of Federal Contract Compliance Programs is taking a final action on its proposal to rescind the December 8, 2020, final rule, "Implementing Legal Requirements Regarding the Equal Opportunity Clause’s Religious Exemption" (85 FR 79324).  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.

Agency: Department of Labor(DOL)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final 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

Statement of Need:

The Office of Federal Contract Compliance Programs is issuing a final rule regarding its proposal to rescind the regulations established in the final rule titled "Implementing Legal Requirements Regarding the Equal Opportunity Clause’s Religious Exemption".  The NPRM proposed to return to the agency’s traditional approach, which applies Title VII principles and applicable case law and thus would promote clarity and consistency in the application of the religious exemption.

Summary of the Legal Basis:

Executive Order 11246 (as amended).


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.


To be determined.

Action Date FR Cite
NPRM  08/15/2019  84 FR 41677   
NPRM Comment Period End  09/16/2019 
Final Rule  12/09/2020  85 FR 79324   
Final Rule Effective  01/08/2021 
Notification of Proposed Rescission  11/09/2021  86 FR 62115   
Notification of Proposed Rescission Comment Period End  12/09/2021 
Final Rule  12/00/2022 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Undetermined 
Federalism: No 
Included in the Regulatory Plan: Yes 
Public Comment URL:  
RIN Data Printed in the FR: No 
Agency Contact:
Tina Williams
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