IV

103D CONGRESS

2D SESSION H. CON. RES. 265

Expressing the sense of the Congress regarding the issuance under title

VII of the Civil Rights Act of 1964 of administrative guidelines applicable

to religious harassment in employment.

IN THE HOUSE OF REPRESENTATIVES

JULY 12, 1994

Mr. HILLIARD submitted the following concurrent resolution; which was

referred to the Committee on Education and Labor

CONCURRENT RESOLUTION

Expressing the sense of the Congress regarding the issuance

under title VII of the Civil Rights Act of 1964 of administrative guidelines applicable to religious harassment in

employment.

Whereas the liberties protected by our Constitution include

religious liberty protected by the first article of amendment to the Constitution of the United States;

Whereas citizens of the United States profess the beliefs of

almost every conceivable religion;

Whereas Congress historically has protected religious freedom

of expression even from Government action not intended

to be hostile to religion;

Whereas the Supreme Court of the United States has written

that ‘‘the free exercise of religion means, first and fore-
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most, the right to believe whatever religious doctrine one

desires’’;

Whereas the Supreme Court has firmly settled that under the

Constitution the public expression of ideas may not be

prohibited merely because the content of ideas is offensive to some;

Whereas Congress enacted the Religious Freedom Restoration Act of 1993 to restate and clear again our intent

and position that religious liberty is and should forever

be granted protection from unwarranted and unjustified

Government intrusions and burdens;

Whereas the Equal Employment Opportunity Commission

has written proposed guidelines to title VII of the Civil

Rights Act of 1964, published in the Federal Register on

October 1, 1993, that may result in the infringement of

religious freedom;

Whereas such guidelines do not resolve issues related to religious liberty and religious expression in the workplace;

Whereas properly drawn guidelines for the determination of

religious harassment should provide appropriate guidelines to employers and employees to assist in the continued preservation of religious liberty as guaranteed by the

first amendment;

Whereas the Commission states in its proposed guidelines

that it retains wholly separate guidelines for the determination of sexual harassment in employment because

the Commission believes that sexual harassment raises issues about human interaction that are to some extent

unique in comparison to other harassment and may warrant separate treatment; and
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Whereas the subject of religious harassment in employment

also raises issues about human interaction that are to

some extent unique in comparison to other harassment:

Now, therefore, be it

1 Resolved by the House of Representatives (the Senate

2 concurring), That it is the sense of the Congress that for

3 the purpose of issuing final regulations under title VII of

4 the Civil Rights Act of 1964 in connection with the pro5 posed guidelines published by the Equal Employment Op6 portunity Commission on October 1, 1993 (58 Fed. Reg.

7 51266)—

8 (1) the category of religion should be withdrawn

9 from the proposed guidelines at this time;

10 (2) any new guidelines for the determination of

11 religious harassment in employment should be draft12 ed so as to make explicitly clear that symbols or ex13 pressions of religious belief consistent with the first

14 article of amendment to the Constitution of the

15 United States, and with the Religious Freedom Act

16 of 1993, are not to be restricted and do not con17 stitute proof of harassment;

18 (3) the Commission should hold public hearings

19 on such new proposed guidelines; and
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1 (4) the Commission should receive additional

2 public comment before issuing similar new guide3 lines.

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