My apologies if I missed this in past list traffic on the subject, but I just wanted to check my understanding: As I read it, under an existing executive order, http://www.dol.gov/ofccp/regs/statutes/eo11246.htm, federal contractors can't discriminate based on race, color, religion, sex, or national origin, but religious institutions are exempt from the ban on religious discrimination, when it comes to discriminating in favor of "individuals of a particular religion" (sec. 204). The President's new executive order, http://www.whitehouse.gov/the-press-office/2014/07/21/executive-order-further-amendments-executive-order-11478-equal-employmen, bars federal contractors from discriminating based on sexual orientation and gender identity, but does not extend the sec. 204 exemption to sexual orientation discrimination. One argument against this order is (in effect) that sexual orientation discrimination should be treated more like religious discrimination (in the sense of being exempted when done by a religious institution) than like race discrimination (which is not exempted even when done by a religious institution).
Do I have the facts right on this? I'm setting aside here what the right answer ought to be; I just want to make sure I'm not misunderstanding the legal scheme. Thanks, Eugene
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