White House Issues Executive Order on Religious Freedom; Silent on Federal Contractors

May 06, 2017

 

Pres. Trump acted today to begin fulfilling his campaign promises to his evangelical and other religious group supporters.  An Executive Order (EO) entitled Promoting Free Speech and Religious Liberty states the Administrations positions on a number of issues of significant importance to the Presidents religious base; however, the omission of any limitations to LGBT rights and same-sex marriage may disappoint those same voters.

 

Specifically, the EO instructs government agencies, particularly the IRS, to limit regulatory oversight of political speech from churches and other tax-exempt religious institutions, to the extent legally possible.  The Johnson Amendment, now on the books, permits the IRS to suspend tax-exempt status from religious institutions if they engage in overt political activity.  In fact, there has been virtually no enforcement of this provision.

 

The remainder of the EO largely offers support, not action.  For example, the EO supports but takes no affirmative steps to effectuate the Supreme Court ruling on contraception in health insurance for religious institutions.  Earlier, the High Court ordered the Justice Department to find a resolution in its dispute with religious institutions opposed to complying with the Obamacare provision requiring contraceptive care as part of employer-provided health insurance.

 

 

For many, what is not included in the EO is of equal significance.  Despite reports to the contrary, there is no effort to limit or rescind the Executive Order requiring non-discrimination of LGBT applicants and employees by government contractors.  Also, there is no reference of any kind to same-sex marriage. However, what might raise some concerns is Section 4 which directs the Attorney General to issue guidance interpreting religious identity protection in Federal law.

 

24 Apr, 2024
On April 23, 2024, the Federal Trade Commission voted, 3 to 2, to ban nearly all non-compete agreements. The ban is scheduled to become effective 120 days after it is published in the Federal Register (as of the date of this alert, it has not yet been published).
23 Apr, 2024
On Tuesday, April 23, 2024, the Department of Labor (DOL) released its long-delayed final rule, Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees, increasing the salary threshold for overtime exemptions.
23 Apr, 2024
DOL released its final OT Rules which will become effective July 1, 2024.
18 Apr, 2024
The EEOC’s final Pregnant Workers Fairness Act (“PWFA”) regulations were republished in the Federal Register on April 19 and will become effective on June 18th. The final regulations and guidance clarified and, in some cases, expanded on employers’ accommodation obligations for pregnancy related conditions from what the EEOC originally included in the proposed regulations.
On March 29, 2024, the Office of Management and Budget published revisions to federal data that cove
09 Apr, 2024
On March 29, 2024, the Office of Management and Budget published revisions to federal data that covered entities must collect on race and ethnicity.
02 Apr, 2024
On January 29, 2024, on the 15th anniversary of the enactment of the Lily Ledbetter Fair Pay Act, the Biden Administration announced a proposed regulation to prohibit federal contractors and subcontractors from using job applicant’s prior salary history when setting pay and to require federal contractors to disclose the expected salary range in job postings. The proposal was published in the Federal Register on January 30, 2024 and comments were due on April 1, 2024.
Show More
24 Apr, 2024
On April 23, 2024, the Federal Trade Commission voted, 3 to 2, to ban nearly all non-compete agreements. The ban is scheduled to become effective 120 days after it is published in the Federal Register (as of the date of this alert, it has not yet been published).
23 Apr, 2024
On Tuesday, April 23, 2024, the Department of Labor (DOL) released its long-delayed final rule, Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees, increasing the salary threshold for overtime exemptions.
23 Apr, 2024
DOL released its final OT Rules which will become effective July 1, 2024.
18 Apr, 2024
The EEOC’s final Pregnant Workers Fairness Act (“PWFA”) regulations were republished in the Federal Register on April 19 and will become effective on June 18th. The final regulations and guidance clarified and, in some cases, expanded on employers’ accommodation obligations for pregnancy related conditions from what the EEOC originally included in the proposed regulations.
On March 29, 2024, the Office of Management and Budget published revisions to federal data that cove
09 Apr, 2024
On March 29, 2024, the Office of Management and Budget published revisions to federal data that covered entities must collect on race and ethnicity.
02 Apr, 2024
On January 29, 2024, on the 15th anniversary of the enactment of the Lily Ledbetter Fair Pay Act, the Biden Administration announced a proposed regulation to prohibit federal contractors and subcontractors from using job applicant’s prior salary history when setting pay and to require federal contractors to disclose the expected salary range in job postings. The proposal was published in the Federal Register on January 30, 2024 and comments were due on April 1, 2024.
OFCCP Contractor Portal
26 Mar, 2024
OFCCP announced on March 25, 2025 that its contractor portal will open for federal contractor certification on April 1, 2024 and close on July 1, 2024.
14 Mar, 2024
Join our skilled presenters as they discuss the actions of the DOL (Wage & Hour; OFCCP; OSHA), the NLRB, and recent Court arguments confronting the Chevron doctrine, with a focus on the impact on the workplace.
31 Jan, 2024
On January 30, 2024, the Biden Administration published a proposed regulation to prohibit federal contractors and subcontractors from using job applicant’s prior salary history when setting pay and to require federal contractors to disclose the expected salary range in job postings.
On January 9, 2024, the Department of Labor’s Wage and Hour Administration (“W&H”) issued its long-a
17 Jan, 2024
On January 9, 2024, the Department of Labor’s Wage and Hour Administration (“W&H”) issued its long-awaited final regulation, “Employee or Independent Contractor Classification Under the Fair Labor Standards Act.”
More Posts
Share by: