MGT516 SLP1 Amy

MGT516 SLP1 Amy

Religious Accommodation in the Workplace: Your Rights and Obligations

Religion in the American workplace is among the most contentious and difficult areas for employees and employers to navigate. In our increasingly diverse and religiously pluralistic society, conflict is bound to occur, and if Equal Employment Opportunity Commission (EEOC) statistics are correct, it is occurring at an ever quickening pace. EEOC religion-based charges of discrimination have increased approximately 41% since 1997, and payouts have increased approximately 174%. 1 The risks of getting it wrong – and, we believe, the rewards of getting it right – are powerful motivators to businesses to pay careful attention to this issue.
OVERVIEW OF THE LAW Title VII of the Civil Rights Act of l964 (“Title VII”) prohibits employers, except religious organizations 3 4 5, from discriminating against individuals because of their religion in hiring, firing, and other terms and conditions of employment. Title VII 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. This means that:
 Employers may not treat employees more or less favorably because of their religion.
 Employees cannot be required to participate “or to refrain from participating “in a religious activity as a condition of employment.
 Employers must reasonably accommodate employees’ sincerely held religious practices unless doing so would impose an undue hardship on the employer.
 Employers must take steps to prevent religious harassment of their employees.
 Employers may not retaliate against employees for asserting rights under Title VII.
RELIGIOUS ACCOMMODATION Introduction Religious employees often confront conflicts between their employment obligations and their religious obligations; federal law (and many state and local laws) require employers to try to accommodate those obligations. Specifically, Title VII provides that an employer must reasonably accommodate an employee’s religious beliefs and practices unless doing so would cause “undue hardship on the conduct of the employer’s business.” What is a “reasonable accommodation”? A reasonable accommodation is one that eliminates the employee’s conflict between his religious practices and work requirements and that does not cause an undue hardship for the employer.

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