 |
Religious Discrimination
Religious discrimination is treating individuals differently in
their employment because of their religion, their religious
beliefs and practices, and/or their request for accommodation (a
change in a workplace rule or policy) of their religious beliefs
and practices. It also includes treating individuals differently
in their employment because of their lack of religious belief or
practice.
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. The Act also requires employers to
reasonably accommodate the religious practices of an employee or
prospective employee, unless to do so would create an undue
hardship upon the employer (see also 29 CFR l605). Flexible
scheduling, voluntary substitutions or swaps, job reassignments
and lateral transfers are examples of accommodating an
employee's religious beliefs.
Employers cannot schedule
examinations or other selection activities in conflict with a
current or prospective employee's religious needs, inquire about
an applicant's future availability at certain times, maintain a
restrictive dress code, or refuse to allow observance of a
Sabbath or religious holiday, unless the employer can prove that
not doing so would cause an undue hardship.
An employer can claim undue
hardship when accommodating an employee's religious practices if
allowing such practices requires more than ordinary
administrative costs. Undue hardship also may be shown if
changing a bona fide seniority system to accommodate one
employee's religious practices denies another employee the job
or shift preference guaranteed by the seniority system.An employee whose religious
practices prohibit payment of union dues to a labor organization
cannot be required to pay the dues, but may pay an equal sum to
a charitable organization.
|
|
|
 |