The Office of Federal Contract Compliance Programs (“OFCCP”) announced today a proposal to rescind the rule titled “Implementing Legal Requirements Regarding the Equal Opportunity Clause’s Religious Exemption,” which has been in effect since January 8, 2021 (the “Religious Exemption Rule”). The Religious Exemption Rule clarified the scope and application of the religious exemption contained in Executive Order 11246, which is enforced by OFCCP. Our summary of the Religious Exemption Rule can be found here.

In a news release, OFCCP Director Jenny Yang explained the proposed rescission will preserve the Executive Order’s religious exemption, and result in a “return to [the] policy and practice of considering the facts of each case and applying Title VII principles and case law and other applicable law.” OFCCP justified the rescission of the Religious Exemption Rule because it “departed from OFCCP’s long-standing policy and practice of applying Title VII principles and case law to interpret the exemption.”

The proposal will be published on November 9, 2021.