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.