John Litchfield Discusses OFCCP Rescission of Religious Exemption

Foley & Lardner LLP Partner John Litchfield is quoted in the SHRM article, “OFCCP Scales Back Religious Exemption,” discussing the Office of Federal Contract Compliance Programs (OFCCP) rescission of a 2020 rule that expanded a religious exemption to equal opportunity requirements, returning the exemption to its prior scope beginning March 31.

Litchfield said federal contractors will soon return to prior precedent when determining if they fit within the religious exemption, and that relevant factors include whether the organization is primarily religious, holds itself out as religious or secular, operates for profit, or is affiliated with a religious organization.

Litchfield added that the rescission “inherently provides better protections to LGBTQ people,” and as it returns to the original exemption that had been in place for 17 years will add predictability and “be good for employers and employees alike.”