EEOC to Publish Update to Religious Discrimination Compliance Manual
The U.S. Equal Employment Opportunity Commission (EEOC) voted on party linesFN1 to publish a proposed update to its Compliance Manual Section on Religious Discrimination (“Updated Manual”), which had not been updated since it was issued more than 12 years ago.FN2 The EEOC has indicated that the Updated Manual will provide guidance reflecting recent legal developments and emerging issues under Title VII of the Civil Rights Act of 1964 (“Title VII”) as they pertain to religions discrimination in the workplace, including harassment and reasonable accommodation issues for employees.
The Updated Manual will also expand discussion of defenses that may be available to religious employers, aligning its existing guidance with the U.S Supreme Court’s recent decision broadening a legal doctrine that shields religious employers from anti-discrimination laws.FN3 Opponents of the Updated Manual have expressed concerns about its reliance on district court rulings and unpublished decisions in areas of the law that are still evolving, believing that agency guidance should reflect stronger, more permanent case law.
Takeaway
The proposed update will reflect Trump-appointed EEOC Chair Janet Dhillon’s emphasis on religious discrimination and a more expansive view of exemptions from Title VII for religious employers. Campbell Litigation will provide updates about the updated guidance and its impact on employers when it is released.
Footnotes:
FN1 – The EEOC’s three Republican commissioners voted for the update, and the two Democratic commissioners voted against the update.
FN3 - See Our Lady of Guadalupe School v. Morrissey-Berru, 591 U.S. ___ (2020), https://www.supremecourt.gov/opinions/19pdf/19-267_1an2.pdf; see also https://www.rockymountainemployersblog.com/blog/2020/7/9/us-supreme-court-broadens-application-of-ministerial-exception-for-employees-of-faith-based-institutions