1. Chapter 11 Religious Discrimination
McGraw-Hill/Irwin
Copyright © 2012 by The McGraw-Hill Companies, Inc. All rights reserved.

2. Learning Objectives
Discuss the background of religious discrimination and give some contemporary issues
Give Title VII’s definition of religion for discrimination purposes
Explain religious conflicts under Title VII and give examples
Define religious accommodation and guidelines to its usage
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3. Learning Objectives
Define undue hardship as it allows an employer defense to religious discrimination claims
Describe religious harassment and give examples
Identify the ways in which unions and religious conflicts occur
List some ways in which management can avoid religious discrimination conflicts
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4. This is Not Your Forefather’s Religious Discrimination
Henry VIII’s break from the Catholic Church and it’s aftermath
The U.S. Constitution
Freedom of religion
Title VII prohibits discrimination in employment based on religion
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5. This is Not Your Forefather’s Religious Discrimination
Small number of EEOC claims
On the rise since 1993
Spike after September 11, 2001
Increase in litigation in the 1980s and early 1990s
Fundamentalist Christianity and televangelism
Sharing their faith
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6. This is Not Your Forefather’s Religious Discrimination
Current issues have extended to those surrounding Middle Eastern religions
Practices and dictates conflicting with work environment
Title VII is the only legislation specifically prohibiting religious discrimination in employment
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7. This is Not Your Forefather’s Religious Discrimination
Federal and constitutional guarantees for federal, state, and local government employees
Due process
Equal protection
Freedom of religion
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8. This is Not Your Forefather’s Religious Discrimination
Duty to reasonably accommodate: The employer’s Title VII duty to try to find a way to avoid conflict between workplace policies and an employee’s religious practices or beliefs
Undue hardship: Burden imposed on employer, by accommodating employee’s religious conflict, that would be too onerous for employer to bear
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9. This is Not Your Forefather’s Religious Discrimination
Religion is recognized as a basis for BFOQ
Specific facts play an important role in making the determination
Current basis for lawsuits – Conflict of religious practice and workplace policies
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10. Major Religions of the World—Ranked by Number of Adherents
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11. Major Religions in the U.S.
Top Organized Religions
Christianity
76.5%
Judaism
1.3
Islam
0.5
Buddhism
Hinduism
0.4
Unitarian Universalist
0.3
Wiccan/Pagan/Druid
0.1
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12. What is Religion?
Accommodation considerations when the religion is unknown
Is the belief closely held?
Does it take the place of religion in the employee’s life?
Atheism also considered a religion under Title VII
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13. What is Religion? Employer duty to accommodate
Attaches to the conflict itself, not to when the conflict arises
Applies to religious practices, not religious belief
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14. Religious Conflicts
An employee engaging in some religious practice that is not perceived to be compatible with the workplace
Sometimes the conflict is with the employer’s religion
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15. Religious Conflicts Requirements for a prima facie case
Employee has a sincere religious belief that conflicts with an employment requirement
Employee informed the employer of the conflict
Employee was discharged or disciplined for failing to comply with the conflicting employment requirement
Once prima facie case is established the burden shifts to the employer to prove reasonable accommodation was offered
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16. Religious Conflicts Employer considerations
Make sure the basis for conflict is a religious one
Attempt a good-faith accommodation of the religious conflict
The right to be free of religious discrimination is not absolute
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17. Employer’s Duty to Reasonably Accommodate
The duty to accommodate depends on the circumstances
Employer relieved of liability if
Employee was reasonably accommodated
An attempt was made to reasonably accommodate the employee
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18. Employer’s Duty to Cooperate in Accommodation
Under Title VII the employer is not required to resolve conflict in the way the employee wants
Accommodation need not be the most reasonable
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19. Employer’s Duty to Cooperate in Accommodation
Factors determining reasonable accommodation
Whether the employer made an attempt at accommodation
The size of the employer’s workforce
The type of job in which the conflict is present
The employer’s checking with other employees to see if anyone was willing to assist in the accommodation
The cost of accommodation
The administrative aspects of accommodation
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20. What Constitutes Undue Hardship?
Factors determining undue hardship:
The nature of the employer’s workplace
The type of job needing accommodation
The cost of the accommodation
The willingness of other employees to assist in the accommodation
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21. What Constitutes Undue Hardship?
Factors determining undue hardship (contd..)
The possibility of transfer of the employee and its effects
What is done by similarly situated employees
The number of employees available for accommodation
The burden of accommodation on the union (if any)
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22. What Constitutes Undue Hardship?
Courts find undue hardship if an employer has to
violate the seniority provision of a valid collective bargaining agreement
pay out more than a “de minimis” cost to replace a worker who has religious conflicts
force other employees to trade places with the employee who has a religious conflict
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23. Religion as a BFOQ Title VII
Permits religion to be a bona fide occupational qualification
specifically permits educational institutions to employ those of a particular religion if they are owned in whole or in substantial part by a particular religion
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24. Religious Harassment Prohibited under Title VII
Religious Freedom Restoration Act
religious practices must be accommodated unless a compelling governmental interest can be demonstrated and advanced in the least restrictive manner
U.S. Supreme Court overturned RFRA in 1997
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25. Religious Harassment
Under the guidelines set forth by President Clinton, federal employees
Should be permitted to engage in private religious expression in personal work areas
Should be permitted to engage in religious expression with fellow employees
Are permitted to engage in religious expression directed at fellow employees
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26. Religious Harassment To avoid liability employers should
Protect employees from those religious employees who attempt to proselytize others who do not wish to be approached about religious matters
Protect employees with permissible religious practices who are given a hard time by those who believe differently
Make sure that employees are given comparable opportunities to use workplace time and resources for religious practices
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27. Union Activity and Religious Discrimination
Unions are also under a duty to reasonably accommodate religious conflicts
Frequent conflicts
Union membership
Payment of union dues
Picketing and striking
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28. Union Activity and Religious Discrimination
It violates Title VII for an employer to discharge an employee for refusal to join the union because of his or her religious beliefs
The Establishment Clause
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29. Management Tips
Take all employee notices of religious conflicts seriously
After an employee puts the employer on notice of a religious conflict, immediately try to find ways to avoid the conflict
Ask the employee with the conflict for suggestions on avoiding the conflict
Ask, but don’t require, other employees to assist
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30. Management Tips
Keep workplace religious comments and criticisms to a minimum
Make sure all employees understand that they are not to discriminate against employees on the basis of religion
Do not challenge that employee’s religious beliefs during a conflict
Make sure undue hardship actually exists if it is claimed
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