Opinion: Some commenters expressed concern that the draft did not make sufficiently clear that Title VII protects against discrimination based on a lack of religious faith.
Effect: The Commission has made additions to reference repeatedly that discrimination based on a lack of religious faith is prohibited.
Spiritual Business Exception
Comment: Various commenters took issue with the draft’s statement that it was an “open question” whether a for-profit corporation can constitute a “religious corporation” within the meaning of section 702(a) of Title VII, 42 U.S.C. § 2000e(1)(a).
Response: The final guidance has deleted this language. Instead, the final guidance observes that although courts have historically relied on for-profit status to indicate that an entity is not a “religious corporation” under § 702(a), the plain text of the statute does not reference for-profit and nonprofit status, and that it is possible courts may be more receptive to finding a for-profit corporation can qualify given language from the Supreme Court’s decision in Hobby Lobby. Continue reading Interaction from Identity VII into the Earliest Amendment and also the Religious Versatility Fix Act (RFRA)