Background
OFCCP had originally published a Notice of Proposed Rulemaking on August 15, 2019. OFCCP then received over 109,000 comments from the public, although over 50,000 of those comments were in the form of a pre-printed digital post card the ACLU distributed to all of its chapter affiliates with a request that ACLU members submit the postcard in opposition to the Proposed Rule. The Final Rule acknowledged the growing tensions between social justice advocates and religious groups, each pressing their respective rights. This competition of rights, colliding in the workplace and in society at large, has now become highly controversial and politicized. We call these court cases “collision of rights” cases.