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.
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Friday, December 11, 2020
Tick Tock. The clock is ticking and the 116th Congress has three big tasks in its waning days: ensure the federal government does not shut down due to a lack of funding, pass the National Defense Authorization Act, and get an economic stimulus package on the president’s desk. With regard to government funding and economic stimulus, as of now, the plan appears to punt those items to next week (via a one-week continuing resolution) and then roll them together into one legislative vehicle (though even this strategy appears perilous, because there is no such agreement yet at the time of this writing). While this strategy buys legislators time, it isn’t as if they have been making much headway, particularly with regard to an economic stimulus bill. Indeed, the negotiations this week have resulted in almost no substantive progress from our report last week, and the status of negotiations on all three bills appears to be getting worse, not better.