Religious Discrimination - What Supervisors Need to Know
Excerpts taken from The U.S. Equal Employment Opportunity Commission "Training and Technical Assistance Program 2002" and online at http://www.eeoc.gov/facts/qanda.html
Q & A: Religious Discrimination - What Practices Are Discriminatory?
Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on race, color, religion, sex, or national origin.
It is illegal to discriminate in any aspect of employment, including:
Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against individuals because of their religion in hiring, firing, and other terms and conditions of employment. The Act also requires employers to reasonably accommodate the religious practices of an employee or prospective employee, unless to do so would create an undue hardship upon the employer.
Common accommodations include:
An employer can claim undue hardship when accommodating an employee's religious practices if allowing such practices requires more than ordinary administrative costs. Undue hardship also may be shown if changing a bona fide seniority system to accommodate one employee's religious practices denies another employee the job or shift preference guaranteed by the seniority system.
Mandatory "new age" training programs, designed to improve employee motivation, cooperation or productivity through meditation, yoga, biofeedback or other practices, may conflict with the non-discriminatory provisions of Title VII. Employers must accommodate any employee who gives notice that these programs are inconsistent with the employee's religious beliefs, whether or not the employer believes there is a religious basis for the employee's objection.
Disparate Treatment in Hiring and Firing
While Title VII permits religious expression by employees, supervisors and managers, it prohibits religious harassment. Although religious harassment can take many forms, it frequently takes the form of coercion of employee participation or non-participation in religious activities; and verbally abusive conduct.
Coercion of Religious Participation or Non-Participation
A supervisor or manager may not, explicitly or implicitly, insist that an employee participate in religious activities or hold particular religious views as a condition of continued employment, promotion, preferred job assignments, or any other benefit or privilege of employment. Nor may a supervisor inisit that an employee not participate in religious activities outside the workplace or not hold particular religious views. Such conduct would constitute religious harassment in violation of Title VII.
Title VII also protects employees from a religiously hostile work environment, whether created by a supervisor or co-workers. As is true in cases of sexual or racial harassment, whether a particular employee's work environment is "hostile" for purposes of religious discrimination depends on the totality of the circumstances, including the frequency and severity of the harassing conduct, whether the conduct is physically threatening or humiliating, and whether the conduct unreasonably interferes with the employee's work performance. The key question is whether, on balance, the harassing conduct is sufficiently severe or pervasive to alter the conditions of the employee's employment and create an abusive working environment, when judged both objectively (i.e., using the reasonable person standard) and subjectively (i.e., from the actual perspective of the affected individual).
The repeated use of religiously derogatory language in an assaultive manner can constitute hostile environment religious harassment. A single incident, if sufficiently severe, could also constitute harassment. Also relevant to a determination of whether there is a hostile environment is whether those engaging in the harassing conduct are co-workers or supervisors, whether the employer knew or should have known of the harassing conduct, and the actions, if any, the employer took to prevent and/or stop the conduct.