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Labor Department Issues Guidance On RFRA Exemption For Grantees

By Howard M. Friedman

Yesterday the Department of Labor issued a release explaining how recipients of federal grants under the Workforce Reinvestment Act (WRA) can obtain an exemption from statutory provisions barring hiring by grantees on the basis of religion (full text of Guidance document.) The DOL document implements a 2007 Justice Department Ruling (see prior posting) holding that non-discrimination provisions in federal grant programs are trumped by the Religious Freedom Restoration Act. While the DOL guidance is framed in broader terms, the WRA is the only statute administered by DOL that contains an explicit religious non-discrimination provision (29 USC Sec. 2938). The Guidance sets out various representations that applicants for an exemption must make to DOL. [Thanks to Steven H. Sholk for the lead.]

Full post as published by Religion Clause on January 06, 2009 (boomark / email).