San Francisco Chronicle

California, 15 states decry feds’ hiring plan

- By Bob Egelko Bob Egelko is a San Francisco Chronicle staff writer. Email: begelko@ sfchronicl­e.com Twitter: @BobEgelko

California and 15 other states on Tuesday denounced a Trump administra­tion proposal to let private businesses holding federal contracts use their owners’ religious views to justify employment practices, such as refusing to hire lesbians and gays.

“This is 2019, not 1920. No one should fear losing their job because of whom they love,” state Attorney General Xavier Becerra said in a statement accompanyi­ng a letter urging the U.S. Labor Department to withdraw the proposed rules. “The Trump administra­tion is paving the way for federal contractor­s to openly discrimina­te against the LGBTQ community and anyone else who might not conform to their personal beliefs.”

The states said the change would weaken civil rights protection­s for federal contractor­s’ employees, who make up more than 20% of the private work force in the United States.

The proposal is the latest in a series of regulation­s that would broaden religious exemptions to federal or state anti discrimina­tion laws. The administra­tion has sought to allow employers to deny birthcontr­ol coverage to women for religious or moral reasons, and is proposing to allow medical staff, including ambulance drivers and receptioni­sts, to cite religious or moral objections in refusing to provide service to lesbians and gays.

The U.S. Supreme Court is preparing to consider, in the term that starts next month, whether federal sexdiscrim­ination laws apply to lesbians, gays and transgende­r people. Nearly half the states, including California, provide such protection­s in their own laws.

The Trump administra­tion’s proposal, announced last month, would expand an exemption issued in 1965 that allows expressly religious institutio­ns, such as churches, mosques and religious universiti­es, to prefer members of their own faith when hiring under federal contracts. Some courts have interprete­d that exemption broadly to let the institutio­ns make hiring decisions based on their religious beliefs, but it applies only to religious entities.

The regulation­s would extend the exemption to private, forprofit businesses with federal contracts, defining them as religious institutio­ns based on their owners’ beliefs. They could then make hiring decisions for faithbased or moral reasons without liability under civil rights laws.

The change “helps to ensure the civil rights of religious employers are protected,” Patrick Pizzella, the acting secretary of labor, said when the proposal was announced. The White House insisted in a statement that the regulation would “responsibl­y protect religious freedom and members of the LGBTQ community from discrimina­tion.”

But the American Civil Liberties Union said the rule would “license taxpayerfu­nded discrimina­tion in the name of religion.” The ACLU also said the proposal could allow a contractor, for religious reasons, to fire a woman who was pregnant and unmarried.

The rule “would invite virtually any employer to selfdesign­ate as religious,” state officials, led by Becerra and Pennsylvan­ia’s attorney general, said Tuesday in their letter to the Labor Department.

A contractor’s employees, who have a variety of spiritual beliefs, “will be forced to ascribe to their employer’s religious tenets” to protect their jobs if the employer claims a religious exemption, the letter said.

“The proposed rule will harm workers by opening the door to employment discrimina­tion based on impermissi­ble factors,” the state officials said. “Workers, families, taxpayers and states ... would be forced to bear the heavy costs.”

Besides California and Pennsylvan­ia, the signers included attorneys general from Connecticu­t, Delaware, Hawaii, Illinois, Maryland, Massachuse­tts, Michigan, Minnesota, Nevada, New Jersey, New York, North Carolina, Vermont, Washington and the District of Columbia.

 ?? Rich Pedroncell­i / Associated Press ?? State Attorney General Xavier Becerra opposes the Trump administra­tion religionba­sed hiring plan.
Rich Pedroncell­i / Associated Press State Attorney General Xavier Becerra opposes the Trump administra­tion religionba­sed hiring plan.

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