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Communication away from Title VII into the Basic Amendment and also the Spiritual Independence Restoration Work (RFRA) Communication away from Title VII into the Basic Amendment and also the Spiritual Independence Restoration Work (RFRA) Review: 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. Reaction: The Commission has made additions to reference repeatedly that discrimination based on a lack of religious faith is prohibited. Spiritual Team Different 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 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).閱讀全文 “Communication away from Title VII into the Basic Amendment and also the Spiritual Independence Restoration Work (RFRA)”
