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Religious 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 unde 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.
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