Religion

2. Does the new guidance exempt religious organizations from all nondiscrimination requirements?

No. EO11246 and its implementing regulations permit religious organizations to make employment decisions on the basis of religion. They do not permit religious organizations to make employment decisions on bases otherwise protected by law, including race, color, sex, sexual orientation, gender identity, national origin, disability, or status as a protected veteran. As the Supreme Court has stated, the religious exemption, for instance, never permits employment discrimination on the basis of race, even if purportedly justified on religious grounds: "The Government has a compelling interest in providing equal opportunity to participate in the workforce without regard to race, and prohibitions on racial discrimination are precisely tailored to achieve that critical goal."