[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 265 Introduced in House (IH)]

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 foremost, 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
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
    Resolved by the House of Representatives (the Senate concurring), 
That it is the sense of the Congress that for the purpose of issuing 
final regulations under title VII of the Civil Rights Act of 1964 in 
connection with the proposed guidelines published by the Equal 
Employment Opportunity Commission on October 1, 1993 (58 Fed. Reg. 
51266)--
            (1) the category of religion should be withdrawn from the 
        proposed guidelines at this time;
            (2) any new guidelines for the determination of religious 
        harassment in employment should be drafted so as to make 
        explicitly clear that symbols or expressions of religious 
        belief consistent with the first article of amendment to the 
        Constitution of the United States, and with the Religious 
        Freedom Act of 1993, are not to be restricted and do not 
        constitute proof of harassment;
            (3) the Commission should hold public hearings on such new 
        proposed guidelines; and
            (4) the Commission should receive additional public comment 
        before issuing similar new guidelines.
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