Author: Tompic76

31 Jan Correspondence away from Name VII towards Earliest Amendment plus the Spiritual Versatility Repair Act (RFRA)

Remark: Some commenters expressed concern that the draft did not make sufficiently clear that Title VII protects against discrimination based on a lack of religious faith.

Effect: The Commission has made additions to reference repeatedly that discrimination based on a lack of religious faith is prohibited.

Religious Company Exclusion

Comment: Various commenters took issue with the draft's statement that it was an “open question” whether a for-profit corporation can constitute a “religious corporation” within the meaning of section 702(a) of Title VII, 42 U.S.C. § 2000e(1)(a).

Response: The final guidance has deleted this language. Instead, the final guidance observes that although courts have historically relied on for-profit status to indicate that an entity is not a “religious corporation” under § 702(a), the plain text of the statute does not reference for-profit and nonprofit status, and that it is possible courts may be more receptive to finding a for-profit corporation can qualify given language from the Supreme Court's decision in Hobby Lobby.

Comment: Many organizational and Congressional commenters asked for clarification or revision of the proposal's interpretation of the KГјba kadД±n arД±yor scope of the statutory exemption permitting employment of individuals “of a particular religion” by religious corporations under § 702(a) or religious educational institutions under § 703(e)(2).