USDOL Announced A Coming Controversial OFCCP Final Rule Recognizing Expanded Religious Defenses, Even While Only Mirroring the Recent Case Law Which Established Them

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On Monday December 7, 2020, OFCCP issued a Press Release announcing that it would soon publish its Final Rule updating OFCCP’s Rules re religious discrimination titled: “Implementing Legal Requirements Regarding the Equal Opportunity Clause’s Religious Exemption.” OFCCP reported that it intended the Final Rule to acknowledge case law decisions permitting religious-exercising organizations and “closely held” corporations to apply religious belief defenses to claims of alleged unlawful discrimination in employment.

Two days later, on Wednesday December 9, 2020, OFCCP published its Final Rule in the Federal Register.

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