Religious discrimination

Scope

Employees cannot be forced to participate — or not participate — in a religious activity as a condition of employment. Religious practices include moral or ethical beliefs which are sincerely held with the strength of traditional religious views. The fact that no religious group follows such beliefs will not determine whether it is a religious belief.

Regulatory citations

• None

Key definitions

• None

Summary of requirements

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 because of an employee’s religious beliefs or practices.

Reasonable accommodation. Employers must reasonably accommodate employees’ sincerely held religious beliefs or practices unless doing so would impose an undue hardship on the employer. Examples might include:

• Flexible scheduling;
• Voluntary job or shift substitutions or swaps;
• Job reassignments and lateral transfers; or
• Modifying workplace practices, policies, and/or procedures.

Undue hardship. An employer can show undue hardship on legitimate business interests if accommodating an employee’s religious practices:

• Requires more than ordinary administrative costs,
• Diminishes efficiency in other jobs,
• Unreasonably infringes on other employees’ job rights or benefits,
• Impairs workplace safety,
• Causes co-workers to carry that employee’s share of potentially hazardous or burdensome work, or
• If the proposed accommodation conflicts with another law or regulation.
• An assumption that more people may need the same accommodation is not evidence of undue hardship.

Religious expression. 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 may, however, preclude religious expression which interferes with the work of others or the efficiency of the business if similar (but not religious) expression would also be prohibited.

Determining a need for accommodation. Employers with a legitimate interest in the availability of applicants must consider procedures to serve this interest that minimize effects on people who want religious accommodation. For example:

During an applicant interview, the employer states the normal work hours for the job and, after making it clear that the applicant is not required to indicate the need for accommodation, asks if the applicant is otherwise available to work those hours. Then, after a position is offered, but before the applicant is hired, the employer can ask about accommodation and determine if one is possible.

Such procedures are important because, according to the Equal Employment Opportunity Commission (EEOC), if:

• The employer asks about availability prior to an employment offer without a business necessity justification; and
• After the learning of the need for an accommodation, rejects a qualified applicant;

Then the EEOC will infer that the need for an accommodation influenced the rejection. The employer must then demonstrate that other factors were the reason for rejection, or that accommodation without undue hardship was not possible.

Harassment. Employers must take steps to prevent religious harassment. An employer can reduce the chance that employees will engage in unlawful religious harassment by implementing an anti-harassment policy and having a procedure for reporting, investigating, and correcting harassing conduct.

Courts have concluded that a religious belief will not excuse the harassment of others who do not share that belief.

Enforcement. Generally, requests for religious accommodations can be handled with a change in shift or work hours. If an accommodation is denied, the employer must show that the accommodation would result in undue hardship or would violate a bona fide seniority system. In the absence of these defenses, the employer has a duty to accommodate the employee.

Employers are encouraged to take steps to prevent religious discrimination. They can provide training, establish an effective complaint or grievance process, and take immediate and appropriate action when an employee complains. Employee training may include:

• Expressing strong disapproval of such conduct,
• Informing employees of sanctions,
• Informing employees of how to raise the issue, and
• Developing methods to sensitize all concerned.

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.