On Monday, the U.S. Department of Labor announced a joint final rule with eight other Agencies – the Department of Justice, the Department of Homeland Security, the Department of Education, the Department of Health and Human Services, the Department of Housing and Urban Development, the Department of Agriculture, the Agency for International Development and the Department of Veterans Affairs – to implement President Trump’s Executive Order No. 13831, on the Establishment of a White House Faith and Opportunity Initiative (May 3, 2018). This rule ensures that religious and non-religious organizations are treated equally in Department of Labor-supported programs, and it clarifies that religious organizations do not lose their legal protections and rights just because they participate in federal programs and activities.
”The Department of Labor is pleased to join other Departments across the Administration in ensuring that religious organizations participate on an equal footing with non-religious organizations in federal programs for delivering assistance to the poor and underprivileged,” U.S. Secretary of Labor Eugene Scalia said. “This new rule respects the Constitution’s principles of religious freedom, and religious organizations’ timeless commitment to charity toward those in need.”
This final rule ensures equal treatment for faith-based organizations, consistent with the Constitution and other federal law. It removes requirements in prior regulations that placed unequal burdens on religious organizations, cast unwarranted suspicion on them, and were in tension with their religious liberty rights. This final rule also clarifies that religious organizations do not lose various legal protections because they participate in federal programs and activities, such as the rights to accommodations and conscience protections under the First Amendment, Religious Freedom Restoration Act and other federal laws.
This final rule preserves most of the existing regulations governing participation of religious organizations in the Department’s financial assistance programs, including provisions barring providers from discriminating against beneficiaries based on religion and requiring that any religious activities by the organization be separated in time or location from any services directly funded with federal money.
This final rule brings to close a process that began several years ago. The final rule was drafted in response to Executive Order 13831, issued in May 2018. The Agencies worked collaboratively to draft notices of proposed rulemaking that were published or delivered to Congress in January 2020. The nine agencies then received over 95,000 public comments from a range of interested parties, including Members of Congress; state and local governments, agencies, and officials; faith-based services providers and umbrella organizations; advocacy organizations; and individuals. The Agencies considered those comments, modified their regulations to address concerns raised in the comments, and drafted responses included in the final rule.
The mission of the Department of Labor is to foster, promote and develop the welfare of the wage earners, job seekers and retirees of the United States; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights.