Laws: Cases and Codes : U.S. Code : Title 42 : Section 2000e-12
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U.S. Code as of:
01/19/04
Section 2000e-12 - Notes
SOURCE
(Pub. L. 88-352, title VII, Sec. 713, July 2, 1964, 78 Stat. 265.)
CODIFICATION
In subsec. (a), "subchapter II of chapter 5 of title 5"
substituted for "the Administrative Procedure Act" on authority of
Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the first
section of which enacted Title 5, Government Organization and
Employees.
RELIGIOUS LIBERTY
Pub. L. 103-317, title VI, Sec. 610, Aug. 26, 1994, 108 Stat.
1774, provided that:
"(a) Findings. - The Congress finds that -
"(1) the liberties protected by our Constitution include
religious liberty protected by the first amendment;
"(2) citizens of the United States profess the beliefs of
almost every conceivable religion;
"(3) Congress has historically protected religious expression
even from governmental action not intended to be hostile to
religion;
"(4) the Supreme Court has written that 'the free exercise of
religion means, first and foremost, the right to believe and
profess whatever religious doctrine one desires';
"(5) the Supreme Court has firmly settled that under our
Constitution the public expression of ideas may not be prohibited
merely because the content of the ideas is offensive to some;
"(6) Congress enacted the Religious Freedom Restoration Act of
1993 [42 U.S.C. 2000bb et seq.] to restate and make clear again
our intent and position that religious liberty is and should
forever be granted protection from unwarranted and unjustified
government intrusions and burdens;
"(7) the Equal Employment Opportunity Commission has written
proposed guidelines to title VII of the Civil Rights Act of 1964
[42 U.S.C. 2000e et seq.], published in the Federal Register on
October 1, 1993, that expand the definition of religious
harassment beyond established legal standards set forth by the
Supreme Court, and that may result in the infringement of
religious liberty;
"(8) such guidelines do not appropriately resolve issues
related to religious liberty and religious expression in the
workplace;
"(9) properly drawn guidelines for the determination of
religious harassment should provide appropriate guidance to
employers and employees and assist in the continued preservation
of religious liberty as guaranteed by the first amendment;
"(10) the Commission states in its proposed guidelines that it
retains wholly separate guidelines for the determination of
sexual harassment because the Commission believes that sexual
harassment raises issues about human interaction that are to some
extent unique; and
"(11) the subject of religious harassment also raises issues
about human interaction that are to some extent unique in
comparison to other harassment.
"(b) Category of Religious Harassment in Proposed Guidelines. -
For purposes of issuing final regulations under title VII of the
Civil Rights Act of 1964 [42 U.S.C. 2000e et seq.] in connection
with the proposed guidelines published by the Equal Employment
Opportunity Commission on October 1, 1993 (58 Fed. Reg. 51266), the
Chairperson of the Equal Employment Opportunity Commission shall
ensure that -
"(1) the category of religion shall be withdrawn from the
proposed guidelines at this time;
"(2) any new guidelines for the determination of religious
harassment shall be drafted so as to make explicitly clear that
symbols or expressions of religious belief consistent with the
first amendment and the Religious Freedom Restoration Act of 1993
[42 U.S.C. 2000bb et seq.] are not to be restricted and do not
constitute proof of harassment;
"(3) the Commission shall hold public hearings on such new
proposed guidelines; and
"(4) the Commission shall receive additional public comment
before issuing similar new regulations."
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