FT 12.20 – Freedom of Religious Expression Act (Awaiting signature)

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Fairly straightforward legislation: for the same reasons that employers should not be allowed to discriminate on the basis of natural hairstyle, neither should they be allowed to discriminate on the basis of religion.  We have witnessed a disturbing trend of European states curtailing religious freedom with bans on burqas, niqabs, and hijabs.  To the contrary, this bill affirms the right for all people to practice their faith without impediment from businesses and corporations.

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In principle, I support this. I wonder what qualifies as a "sincerely held" religious belief in the context of this Act? Are there examples of similar language in state laws that would give us an idea what standard for judging sincerity might be established by the courts?

Typically this language appears in "religious freedom" bills that allow businesses to exclude gay customers, though I don't want to create the same kind of obscurity in that phrasing which those bills arguably do.  I'll strike the language from the text.

AN ACT
To prohibit discrimination against religious attire

Section 1: Title

This legislation may be cited as the Freedom of Religious Expression Act.

Section 2: Text

1. It shall be an unlawful discriminatory practice for any employer, or an employee or agent thereof, to impose upon a person as a condition of obtaining or retaining employment, including opportunities for promotion, advancement or transfers, any terms or conditions that would require such person to violate or forego a sincerely held practice of his or her religion, including but not limited to the observation of any particular day or days or any portion thereof as a sabbath or other holy day in accordance with the requirements of his or her religion or the wearing of any attire, clothing, facial hair, or religious jewelry, in accordance with the requirements of their religion, unless, after engaging in a bona fide effort, the employer demonstrates that it is unable to reasonably accommodate the employee's or prospective employee's sincerely held religious observance or practice without undue hardship on the conduct of the employer's business.

2. It shall be unlawful for any State or locality to adopt or enforce legislation banning the wearing of any religious attire, including but not limited to burqas, niqabs, or hijabs.

Section 3: Enactment

This law shall go into effect sixty days upon enactment.

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Aye.

[Bleach Blonde Bad Built Butch Bodies for Biden]

AN ACT
To prohibit discrimination against religious attire

Section 1: Title

This legislation may be cited as the Freedom of Religious Expression Act.

Section 2: Text

1. It shall be an unlawful discriminatory practice for any employer, or an employee or agent thereof, to impose upon a person as a condition of obtaining or retaining employment, including opportunities for promotion, advancement or transfers, any terms or conditions that would require such person to violate or forego a practice of his or her religion, including but not limited to the observation of any particular day or days or any portion thereof as a sabbath or other holy day in accordance with the requirements of his or her religion or the wearing of any attire, clothing, facial hair, or religious jewelry, in accordance with the requirements of their religion, unless, after engaging in a bona fide effort, the employer demonstrates that it is unable to reasonably accommodate the employee's or prospective employee's religious observance or practice without undue hardship on the conduct of the employer's business.

2. It shall be unlawful for any State or locality to adopt or enforce legislation banning the wearing of any religious attire, including but not limited to burqas, niqabs, or hijabs.

Section 3: Enactment

This law shall go into effect sixty days upon enactment.