DATELINE: August
30, 2010, Chicago
Congress may be on summer recess, but it has nevertheless managed
to generate some controversy in the slow and hot month of August. Section 1947 of H.R. 5466 would
prohibit religious organizations receiving federal funding under the Substance
Abuse and Mental Health Administration Act of 2010 from discriminating based on
religious denomination or sex (including pregnancy) when hiring. The following is the offending part of the legislation:
(1) Rule of
Construction Regarding Certain Civil Rights Laws. For the purpose of applying the prohibitions against
discrimination on the basis of age under the Age Discrimination Act of 1975, on
the basis of handicap under section 504 of the Rehabilitation Act of 1973, on
the basis of sex under title IX of the Education Amendments of 1972, or on the
basis of race, color, or national origin under title VI of the Civil Rights Act
of 1964, programs and activities funded in whole or in part with funds made
available under section 1911 or 1921 shall be considered to be programs and
activities receiving Federal financial assistance.
(2)
Prohibition. No person shall on the ground of sex (including, in the
case of a woman, on the ground that the woman is pregnant), or on the ground of
religion, be excluded from participation in, be denied the benefits of, or be
subjected to discrimination under, any program or activity funded in whole or
in part with funds made available under section 1911 or 1921.
Under Title VI of the Civil Rights Act of 1964, religious
organizations are exempted from certain prohibitions on discrimination in
hiring. This exemption makes a
certain...
