Religion In The Workplace

Robert G. Chadwick, Jr., Labor-Employment Lawyer for Management.

A supervisor starts each employee meeting with a prayer. A Muslim employee is called "Osama" by co-workers. An employee refuses to work overtime on a Saturday in observance of the Sabbath. A client complains that he is offended by a graphic anti-abortion pin worn by an employee. A Sikh employee dons a beard despite a published and strictly enforced no-facial hair policy. An employee protests the hiring of a gay worker with religious postings portraying homosexuality as evil.

These are only a few examples of the types of troublesome situations regularly faced by employers with religiously diverse workforces. With America embroiled in military and cultural wars, the situations can become particularly explosive. Employers must therefore be ever cognizant of their legal responsibilities with respect to religion in the workplace.

DISCRIMINATION PROHIBITION. Title VII of the Civil Rights Act of 1964 protects persons from discrimination in employment on the basis of religion. This protection extends to bona fide religious membership, beliefs, observances and practices. Unless the employer is an exempted religious institution, it is unlawful under Title VII to make membership in approved religions or participation in religious activities (such as prayer) a condition of employment. It is also unlawful for an employee to be subjected to harassing comments (such as "Osama") which are disparaging of his or her religious views.

DUTY TO ACCOMMODATE: Where a religious observance or practice conflicts with an employment requirement, an employer must generally offer a reasonable accommodation to the employee. This duty extends to religious expressions and to requests for time off from work for religious observances. Modest religious expressions, such as pendants, should thus be allowed by employers. Where overtime work can easily be scheduled for a day other than the Sabbath, Title VII requires the employer to make such an accommodation.

NO DUTY TO ACCOMMODATE: An employer is relieved of the duty to accommodate, however, if it is unable to offer any reasonable accommodation to an employee without undue hardship. An undue hardship means "more than a de minimus cost." A retail employer which is open for business on Saturdays thus can generally show that excusing an employee from working on Saturdays is an undue hardship. An employer is also generally not required to lose business or relax employee discipline to accommodate patent religious expressions (such as a graphic anti-abortion pin or facial hair). An employer likewise cannot be expected to violate other discrimination laws or its diversity policies (such as those which prohibit discrimination based upon sexual orientation) merely to accommodate the religious views of one or more of its employees.

DISCLAIMER

This paper is not intended to provide legal advice in general or with respect to any particular factual scenario. Any such advice should be obtained directly from retained legal counsel.