Religious Freedom Advocates Seeking to Negotiate Compromise to Get Employment Bill Passed
Stealing a page from the ADA Amendment playbook, it appears that a coalition of religious organizations and interest groups are working together to forge a palatable compromise that might get the Workplace Religious Freedom Act (H.R. 1431) passed early in the next Congress. The bill, as currently introduced by Rep. Carolyn McCarthy (D-NY), would amend Title VII by modifying the definition of "religion" and requiring employers to make an affirmative effort to reasonably accommodate the religious practices of employees. It would narrow the definition of "essential functions" and set forth factors for determining whether an "undue hardship" precludes accommodation.
While the WRFA enjoyed some level of truly bi-partisan support in the 110th Congress -- with 21 Republican and 15 Democrat co-sponsors -- it has remained stalled in committee. BNA's Daily Labor Report (subscription) today reported that at a recent ABA annual meeting:
James Standish, director of legislative affairs for the General Conference of Seventh-Day Adventists, said that neogitators are hoping for a deal that would strike a balance between competing interests by rolling protections for religion and sexual orientation into one WRFA bill. Standish, who is the co-chair of a coalition of 45 religious organizations supporting the bill...[said that so far] attempts to draft compromise language "have not achieved a magic formulation that everyone is happy with."
Standish remains confident, however, that the right balance will eventually be found and the WRFA will be passed.
As for related current developments, both Standish and Professor Helen Norton of University of Colorado -- another participant in the ABA panel and WRFA negotiations -- also reportedly praised the E.E.O.C.'s recent issuance of updated religious discrimination guidelines. The guidelines are available at the agency's website, here.





