Letter of Vaccine Religious Exemption: A Clarification

The religious exemption rule introduced by OFCCP in December 2020 was met with confusion, as it failed to provide clarity on the scope and application of the exemption. This article aims to shed light on the Executive Order 11246 religious exemption, its interaction with other laws and regulations, and the implications of its rescission.

Executive Order 11246 prohibits federal contractors and subcontractors from discriminating in employment decisions based on various characteristics, including religion. The order also establishes a religious exemption, which is rooted in Title VII of the Civil Rights Act of 1964. This exemption permits qualifying religious corporations, associations, educational institutions, and societies to prefer employees of a particular religion.

The Religious Freedom Restoration Act (RFRA) and the 'ministerial exception' are two key concepts that interact with Executive Order 11246. The RFRA aims to ensure that federal laws do not substantially burden a person's exercise of religion, while the ministerial exception grants religious organizations greater flexibility in hiring employees who share their beliefs.

OFCCP has taken steps to educate the public on the rescission of the 2020 religious exemption rule through workshops, webinars, and guidance materials. The agency will continue to ensure that the EO 11246 religious exemption is applied consistently with principles and case law interpreting the Title VII religious exemption.

When a contractor is entitled to the religious exemption, it does not mean they are completely exempt from following Executive Order 11246. Instead, they must still comply with certain provisions of the order. Contractors seeking the religious exemption can request it by submitting an application under 41 CFR 60–1.5(a)(5).

The rescission of the 2020 religious exemption rule does not remove the Executive Order 11246 religious exemption itself. Rather, it removes the regulations established by that rule regarding the religious organization exemption. The effect of this change is to provide clarity and consistency in the application of the EO 11246 religious exemption.

In conclusion, the letter of vaccine religious exemption is an important consideration for federal contractors and subcontractors. Understanding the Executive Order 11246 religious exemption, its interaction with other laws and regulations, and the implications of its rescission can help ensure compliance with federal requirements and protect the rights of employees and employers alike.

Letter of vaccine religious exemption