08.29.19

By: Paige Smith
Source: Bloomberg Government

Democrats Want More Review of DOL’s Religious Defense Rule

House Democrats are calling for the Labor Department to extend the public comment period on a proposal that would codify current religious defenses that federal contractors can use when accused of discrimination.

House Committee on Education and Labor Chairman Bobby Scott (D-Va.) and Subcommittee on Civil Rights and Human Services Chair Suzanne Bonamici (D-Ore.) requested the deadline for comments on the proposed rule be extended to Oct. 16, according to a letter obtained by Bloomberg Law. The comment period is slated to close Sept. 16.

Federal contractors that are “religion-exercising organizations,” like churches, currently are shielded from certain discrimination liability because of their beliefs under case law and a presidential executive order. For example, a Catholic church can favor Catholics when hiring. 

But the DOL’s Office of Federal Contract Compliance Programs proposed a rule that would extend those protections to “closely held” companies that may not necessarily be religious in nature, citing recent U.S. Supreme Court decisions, including Burwell vs. Hobby Lobby Stores, Inc.That decision opened the doors for “closely held” companies to be exempt from certain regulations if they substantially burden their owner’s religious beliefs. 

Under the proposed rule, released Aug. 14, an owner’s religious beliefs could be used as a defense against bias allegations related to hiring or other employment actions. 

The lawmakers’ letter, addressed to Acting Labor Secretary Patrick Pizzella, explained that there may be “unintended consequences” if the rule is finalized, and more time for public review is necessary.

“We are concerned that the current comment period does not provide sufficient time for a thorough and thoughtful examination and response from the public,” Scott and Bonamici wrote in the letter. “Similar NPRMs have had significantly longer comment periods.”

Christian organizations welcomed the proposed rule for its clarity, and the confidence it gives to religious organizations and closely held companies hoping to work with the government. Advocates for lesbian, gay, bisexual, and transgender individuals, the separation of church and state, religious groups, and others have decried the rule, saying it threatens civil rights protections.