DOL Guidance on RFRA and Faith-Based Groups

During the holiday period, December 30th to be exact, the Department of Labor issued a guidance on how the Religious Freedom Restoration Act (RFRA) applies to faith-based organizations. Although RFRA has been found not to apply to the states, it does apply to the federal government and the grants that it makes.

The BNA Daily Labor Report indicates that:

The guidance discusse[s] the conditions under which recipients of DOL financial assistance may make employment decisions based on religion while receiving a federal grant under a program whose statute limits those rights.

This guidance, which implements a recent Justice Department opinion concerning the proper construction of RFRA, creates a formal process by which recipients of Labor Department financial assistance may seek an exemption under RFRA.

The text of the guidance is available here.

PS