OFCCP Rescinds Religious Exemption Rule

Rescission preserves the religious exemption under EO 11246 and is available to qualifying contractors

On March 1, 2023, the Office of Federal Contracts Compliance Programs (OFCCP) published in the Federal Register the rescission of the final rule “Implementing Legal Requirements Regarding the Equal Opportunity Clause’s Religious Exemption." The Rule has been in effect since January 8, 2021.

This rescission preserves the religious exemption under Executive Order 11246 and is consistent with Title VII principles and case law. The exemption permits federal contractors and subcontractors that are qualifying organizations to hire individuals of a particular religion.

The rescission notice, frequently asked questions (FAQs), and Director Yang’s blog post can be found on the OFCCP landing page.

Debra Milstein Gardner

Debra Milstein Gardner has worked in the Equal Employment Opportunity (EEO) and Affirmative Action (AA) space for the past 43 years while working in the public and private sectors in various human resources compliance roles. She began her career working for the Equal Employment Opportunity Commission and then went to the Marriott Corporation for nine years working in EEO, Affirmative Action and field human resource roles. In 1990, Debra founded Workplace Dynamics LLC providing EEO, AA, and DEI consulting services to government contractors. In 2016, Debra sold the affirmative action portion of Workplace Dynamics to OutSolve LLC and works part-time as a Market Analyst. Debra is a sports fanatic, routing for the Baltimore Ravens and all Virginia Tech Hokie teams. She loves to hike and boat in her mountain and lake community of Lake Lure, NC.