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RELIGION DISCRIMINATION

Title VII of the Civil Rights Act of l964 prohibits employers from discriminating
against individuals because of their religion in hiring, firing, and
other terms and conditions of employment. Title
VII covers employers with 15 or more employees, including state and local
governments. It also applies to employment agencies and to labor
organizations, as well as to the federal government.
Under Title VII:
- Employers may not treat employees or applicants less - or more -
favorably because of their religious beliefs or practices. For
example, an employer may not refuse to hire individuals of a certain
religion, may not impose stricter promotion requirements for persons
of a certain religion, and may not impose more or different work
requirements on an employee because of that employee's religious
beliefs or practices.
- Employees cannot be forced to participate -- or not participate --
in a religious activity as a condition of employment.
- Employers must reasonably accommodate employees' sincerely held
religious beliefs or practices unless doing so would impose an undue
hardship on the employer. A reasonable religious accommodation is
any adjustment to the work environment that will allow the employee
to practice his religion. Flexible scheduling, voluntary
substitutions or swaps, job reassignments and lateral transfers and
modifying workplace practices, policies and/or procedures are
examples of how an employer might accommodate an employee's
religious beliefs.
- An employer is not required to accommodate an employee's religious
beliefs and practices if doing so would impose an undue hardship on
the employers' legitimate business interests. An employer can show
undue hardship if accommodating an employee's religious practices
requires more than ordinary administrative costs, diminishes
efficiency in other jobs, infringes on other employees' job rights
or benefits, impairs workplace safety, causes co-workers to carry
the accommodated employee's share of potentially hazardous or
burdensome work, or if the proposed accommodation conflicts with
another law or regulation.
- Employers must permit employees to engage in religious expression if
employees are permitted to engage in other personal expression at
work, unless the religious expression would impose an undue hardship
on the employer. Therefore, an employer may not place more
restrictions on religious expression than on other forms of
expression that have a comparable effect on workplace efficiency.
- Employers must take steps to prevent religious harassment of their
employees. An employer can reduce the chance that employees will
engage unlawful religious harassment by implementing an
anti-harassment policy and having an effective procedure for
reporting, investigating and correcting harassing conduct.
It is also unlawful to retaliate
against an individual for opposing employment practices that
discriminate based on religion or for filing a discrimination charge,
testifying, or participating in any way in an investigation, proceeding,
or litigation under Title VII.
Statistics
In Fiscal Year 2007, EEOC received 2,880 charges
of religious discrimination. EEOC resolved 2,525 religious
discrimination charges and recovered $6.4 million in monetary benefits
for charging parties and other aggrieved individuals (not including
monetary benefits obtained through litigation).
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All Rights Reserved.
Robert J. Wiley is the attorney responsible for this website.
Robert J. Wiley is licensed to practice law in California, Texas, and
Washington, D.C.
Robert J. Wiley is a Texas Board of Legal Specialization Board Certified Specialist in Labor and
Employment Law.
The firm is headquartered in Dallas, Texas.
The information you obtain at this site is
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