Where the personal rights and freedoms of one individual or a group of individuals conflict with those of another, those interests must be balanced to determine which must prevail. The balance between religious freedom and employment nondiscrimination is currently being re-examined and refined by the federal courts and the issues are, in a word, complicated.
Some inaccurate and misleading reporting has been circulating regarding a recent proposal by the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) regarding revisions to the agency’s regulations implementing Executive Order (E.O.) 11246, specifically the religious exemption to the Equal Opportunity Clause for federal contractors. Here we intend to cut through the hyperbole and provide an objective view into what is (and is n