Professional Documents
Culture Documents
Legal Requirements
Title VII of the Civil Rights Act of 1964 prohibits agencies from discriminating against individuals because of their religion in hiring, firing, and other terms and conditions of employment. The Act also requires agencies to reasonably accommodate the religious practices of an employee or prospective employee, unless to do so would create an undue hardship upon the agency.
Ministerial Exception: Title VII does not apply to employment of clergy: First Amendment Free Exercise Clause
Definition of Religion
The Commission defines "religion" to include moral or ethical beliefs about right and wrong that are sincerely held with the strength of traditional religious views. Religious discrimination also includes discrimination against someone because s/he is an atheist.
Mary does not eat meat or dairy products because she believes that consuming them causes cancer and other diseases. She also believes that the meat and dairy industry is politically powerful and has persuaded the government to conceal the facts from the public.
Disparate Treatment
When a complainant alleges that the agency treated another individual better than it treated him/her or otherwise treated him/her differently because of that individuals religious beliefs.
Religious organizations may prefer members of their own religion for positions which are religious in nature
Disparate Treatment Janet, a social worker, works for an agency which provides tuition reimbursement for college credits leading to a B.A. in sociology. Janet, who practices Native American spirituality, applies for a sociology class that focuses on spirituality and culture. Janets supervisor denies her request for tuition reimbursement on the grounds that the employer shouldnt pay for employees to study voodoo. Is this unlawful disparate treatment?
Disparate Treatment
By refusing to provide the tuition reimbursement solely because of the religious content of the class, Janets supervisor has discriminated against her on the basis of religion.
Disparate Treatment
Beta Corporation requires all of its employees to attend diversity training. Joanne believes that some of those teachings are contrary to her fundamentalist Christian beliefs. When Joannes supervisor refuses to excuse her from the sessions, she goes but sits in the back and reads her bible. Joannes supervisor issues her a letter of reprimand for insubordination for not paying attention during the mandatory training, but does not discipline other employees who didnt pay attention. Is this unlawful disparate treatment?
Disparate Treatment
While the employer may ordinarily require employees to attend training sessions, it may not discipline employees who do not participate in them for religious reasons, or who express their opposition through religious activity, more harshly than it disciplines other non-participating employees.
Disparate Impact
The complainant alleges that an agencys neutral policy or practice adversely affects a protected class. The burden shifts to the agency to show business necessity. The complainant may rebut business necessity by showing other means available to achieve the same objective with less discriminatory impact.
Not a frequent claim.
Harassment
Title VII of the Civil Rights Act of 1964 prohibits harassing or otherwise discriminating based on:
Affiliation: because an individual is affiliated with a particular religious group. Physical or Cultural Traits: because of physical, cultural or linguistic characteristics such as accent or dress associated with a particular religion.
Perception: because of the perception or belief that a person is a member of a particular religious group, whether or not that perception is correct.
Association: because of an individuals association with a person or organization of a particular religion.
Harassment
Anti-harassment principles apply to religion just as to harassment on other protected bases, such as race, gender or national origin. Law protects employees from being subjected to a hostile work environment, i.e., an environment tainted by intimidating, abusive ridicule or insult based on religion. Title VII also requires employers to permit employees to practice their religion, which may include engaging in religious expression, unless the expression imposes an undue hardship.
Balance: Protect employees right to religious expression while protecting others from harassment
Harassment
Harassment is unwelcome offensive conduct in the workplace where: 1) enduring the offensive conduct becomes a condition of continued employment, or 2) the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive.
Harassment
Wamiq was raised as a Muslim but no longer practices Islam. His supervisor, Arif, is a very devout Muslim who lectures Wamiq about abandoning Islam and advises him to follow the teachings of the Koran. Arif denies Wamiq a promotion, saying that Wamiq would never be a Khalipha (divinely inspired leader). Arif also says that Wamiq could improve his prospects by joining Arif and other Muslims for weekly prayer sessions in Arifs office. Wamiq does not heed Arifs advice and ultimately is fired by Arif. Is this unlawful harassment?
Harassment
Arifs conduct indicates that the promotion was denied because of Wamiqs failure to participate in the prayer sessions and practice Islam. Absent evidence that the promotion denial was for some other reason, the employer is liable for conditioning Wamiqs employment on his adherence to Arifs views of appropriate religious practice.
Harassment
During a conversation with her supervisor, Aimee reveals that she is new to the area and does not know many people. Aimees supervisor responds that there are many people Aimees age at the supervisors church and invites Aimee to visit the church on Sunday. Is this unlawful harassment?
Harassment
Title VII is not implicated. This invitation cannot reasonably be perceived to be coercive and is not made a condition of employment.
Caveat: Supervisor needs to be very careful!
Harassment
Beths colleague, Bill, repeatedly talked to her at work about her prospects for salvation. For several months, she did not object and discussed the matter with him. However, he persisted even after she told him that he had crossed the line and she didnt want to have anymore non-work related conversations with him.
Harassment
When Beth tried to put an end to her conversations with Bill, his conduct became unwelcome. The employer must intervene if it is aware that Beth has asked that the conduct stop and Bill persists.
Harassment
Conduct Must be Sufficiently Severe or Pervasive to Constitute Harassment Marvin is an Orthodox Jew who was hired as a radio show host. When he started work, his co-worker, Stacy, pointed to his yarmulke and asked, Will your headset fit over that? On a few occasions, Stacy referred to the yarmulke as a beanie. For example, she said Nice hat. Is that a beanie? Do you have a propeller for it? Do they come in different colors? Although the comments about Marvins yarmulke were offensive, they were neither severely hostile nor sufficiently frequent to create a work environment hostile to Jews. Betty is a Mormon. During a disagreement regarding a joint project, a co-worker, Julian, told Betty that she didnt know what she was talking about and that she should go back to Salt Lake City. When Betty subsequently proposes a different approach to the project, Julian tells her that her suggestions are as flaky as he would expect from her kind. When Betty tries to resolve the conflict, Julian tells her that if she is uncomfortable working with him, she can either ask to be reassigned, or she can just pray about it. Over the next six months, Julian regularly makes negative references to Bettys religion. His persistent offensive remarks create a hostile environment.
Harassment
One Instance of Physically Threatening Conduct May be Enough to
Unlike the other protected groups under Title VII, religion includes an affirmative requirement on the part of the agency: the duty of reasonable accommodation.
Undue Hardship
An agency can avoid its accommodation obligation only where it shows that an accommodation would constitute an undue hardship In terms of religious accommodation, undue hardship can mean a significant cost or other non-cost factors, such as office disruption.
Accommodating Religious Practices My name is Daniel Steel and I am a Roman Catholic. I asked my manager, Rob, if I could take annual leave on Good Friday so that I could go to church. Rob is also a Roman Catholic so I was surprised when he denied my request. His reasoning? When I asked, Rob told me that our faith does not require Catholics to refrain from working on Good Friday.
Accommodating Religious Practices My name is Salomon Silvers. Please, call me Sal. I have to speak with you, because I dont know where else to go. I asked my supervisor if I can take annual leave next Friday afternoon so that I can attend religious services. He responded, I cant give you leave on that afternoon because its Christmas eve. Im having enough problems trying to replace the Christians who want leave on that date. It sounds to me as though the manager is telling me that Im not entitled to the same consideration as other employees. Is he correct?
Alternatives for Accommodating Religious Practices that Conflict with Work Schedules
Arrival Departure Floating or Optional Holidays Flexible Work Breaks Use of Lunch Time in Exchange for Early Departure Staggered Work Hours Permitting Employee to Make Up Time Lost due to Observance of Religious Practices Lateral Transfer and Change of Job Assignments
Accommodating Religious Practices Some reasonable religious accommodations that agencies may be required to provide workers include:
Leave for religious observances Providing Time and/or place to pray Ability to wear religious garb Accommodating certain hairstyles or grooming habits Honoring dietary requirements during meetings or training sessions where meals are served Permitting time-off during a mourning period for a deceased relative
Unless it can show that not doing so would result in undue hardship to the agency, an agency cannot: Schedule examinations or other selection activities in conflict with religious needs Make pre-selection inquires to determine an applicants availability to work during the agencys scheduled working hours Refuse to allow observance of a Sabbath or religious holiday.