By: Stanley Carson-Thies
Before it was issued on July 21, President Obama's executive order amending two Equal Employment Opportunity clauses faced conflicting views about its wisdom, and controversy about the measure has hardly ceased since its promulgation. One reason is that the actual regulations will not be issued for months. On a broader level, there is deep disagreement about how a sexual orientation nondiscrimination requirement ought to intersect with a religious organization’s right to consider religion when making staffing decisions. Indeed, there is disagreement about how the existing law regards that intersection.
Permanent Link: https://www.religiousfreedominstitute.org/cornerstone/2016/6/30/bootstrapping-an-interpretation-into-an-imperative
By: Martin Lederman
Since 1998, it has been the policy of the U.S. government to prohibit discrimination in civilian federal employment on the basis of sexual orientation, just as it prohibits discrimination on the basis of race, color, religion, sex, national origin, handicap and age for such federal jobs. Sometimes, of course, the federal government does not perform federal functions itself, but instead contracts out that work. It therefore makes perfect sense that, in making its highly selective contracting decisions, the federal government would not want to choose bidders that discriminate among their employees in a way that the federal government itself could not do.
Permanent Link: https://www.religiousfreedominstitute.org/cornerstone/2016/6/30/why-the-law-does-not-and-should-not-allow-religiously-motivated-contractors-to-discriminate-against-their-lgbt-employees
Permanent Link: https://www.religiousfreedominstitute.org/cornerstone/2016/6/30/the-truth-about-religious-employers-and-civil-rights-laws
By: Carl H. Esbeck
While urging President Obama to adopt various policy preferences, a July 14 letter criticized an earlier letter dated June 25, and in doing so made its own representations concerning current law. It is only the representations of law that I address here.
Before this blog could post, on Monday the President issued the promised executive order. It pertains to prohibitions on employment discrimination by federal contractors. In addition to the existing prohibited bases of discrimination, as he had promised the President added sexual orientation and gender identity. Left intact was an exemption for religious employers who take into account religion when making their employment decisions.
Permanent Link: https://www.religiousfreedominstitute.org/cornerstone/2016/6/30/differences-real-and-rhetorical