Religious discrimination Essay Example

concepts or traditional religious beliefs. The Guidelines state that a belief is considered religious if it is sincerely held by an individual, regardless of whether it aligns with traditional religious views or is endorsed by a religious group.

2.2 Religious Discrimination

Religious discrimination occurs when adverse employment actions are taken against an employee or applicant based on their religious beliefs, or when accommodations for religious beliefs or practices are not provided in the workplace.

3. Title VII of the Civil Rights Act of 1964

3.1 Prohibitions

Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against applicants and employees because of their religion in all aspects of employment, including hiring, firing, compensation, benefits, job assignments, shift assignments, promotions, and disciplinary actions.

It is against the law for employers to retaliate against individuals who complain about a violation of their rights.

Section 3.2: Accommodations and Undue Hardship

In accordance with the Civil Rights Act of 1964, specifically Title VII, employers are required to reasonably accommodate the religious practices and beliefs of their employees, unless it causes undue hardship. The U.S. Equal Employment Opportunity Commission (EEOC), which enforces Title VII, provides examples such as flexible scheduling, voluntary substitutions or swaps, job reassignments, and lateral transfers as ways to accommodate an employee's religious beliefs. This means that employers may need to adjust shift schedules, allow time off for religious observances, designate a specific time and place for prayer, relax dress codes to accommodate religious attire, among other actions. Employers are also recommended to assign a contact person who can handle accommodation requests.

Employers in the United States are not required to accommodate every religious practice or

belief, according to the U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Supreme Court. They also do not have to bear all expenses related to such accommodations. Undue hardship refers to anything that causes more than ordinary administrative costs and disruption. Instances of undue hardship include decreased efficiency due to employees needing to cover shifts affected by religious practices, higher wages for weekend or evening work, requiring non-conflicting employees to work overtime, and reduced productivity resulting from the absence of a worker with specialized skills.

When an employer denies an accommodation, it is important for them to ensure that the employee understands the reasons why it cannot be implemented in a way that avoids discrimination.

Who is covered by Title VII?

Title VII provisions do not apply to all employers. They only apply to private employers with 15 or more employees, state governments and their subdivisions and agencies, the federal government, employment agencies, labor organizations, joint labor-management committees, and other training programs.

Dealing with religious discrimination at work

Preventive measures

The definition of religion under Title VII includes sincerely held moral or ethical beliefs as well as traditional religious views. Given this broad definition, employers should treat non-religious employees equally to those who follow traditional religions. It is also important for written materials provided to applicants and employees to clearly state that discrimination based on religion will not be tolerated in any aspect of employment. Hiring tests must comply with U.S. guidelines.

The EEOC requires companies to clearly outline their mission and policy so as not to imply that a particular religious belief is required for employment. It is prohibited to make statements suggesting otherwise, unless the company qualifies for religious

requirements under the bona fide occupational qualification status.

An employer can prevent harassment claims by training supervisors to recognize and address harassment, as well as discussing employees' religious beliefs. All employees should be informed of and have access to the company's policy on preventing harassment and procedures for making complaints. The policy should emphasize respecting colleagues' rights, provide a complaint process that allows reporting without involving direct supervisors, ensure protection against retaliation for complainants, guarantee swift investigation and appropriate action for all complaints. If the employer decides to permit or endorse specific religious events at work, such as a Christmas party, it must be clearly communicated that attendance is voluntary and will not impact an employee's status within the company.

In addition to their legal obligations, employers must provide accommodations for their employees' religious practices and beliefs. If an employer goes beyond these requirements to accommodate a particular religious group, they must also offer the same level of accommodation to employees with different faiths.

4.2 Filing a Charge

Those who believe they have faced religious discrimination as job applicants or employees can file a charge with the U.S. Equal Employment Opportunity Commission (EEOC).

Employees who report incidents are protected from retaliation, and others can submit reports on their behalf to maintain their anonymity. Prior to taking legal action, individuals seeking or holding employment must file a formal complaint with the EEOC. It is important to adhere to the designated timeframe for filing these complaints, which is usually within 180 days of encountering discrimination.

If a charge is covered by a state or local anti-discrimination law, it must be filed with the EEOC within 300 days or 30 days after the state

or local agency finishes processing the charge. Employees who file a charge or complaint beyond these time frames may not receive a remedy.

Courts assess claims of religious discrimination in two steps: first, employees must demonstrate that they have a religious belief conflicting with an employment requirement, that they informed the employer about this conflict, and that they were terminated for not adhering to the conflicting employment requirement. Second, employers must show that they cannot reasonably accommodate the employee without facing excessive hardship in their business operations.

5. Cloutier v. Costco Wholesale

The case of Cloutier v. Costco Wholesale showcases various instances of workplace religious discrimination, including the definition of religion, employee charges filing process, and employer accommodation response. Kimberly Cloutier, a member of the Church of Body Modification, claimed that her employer's dress code violated her religious rights as it barred her from displaying her facial piercings - an integral aspect of her religious practices. Upon joining Costco in 1997, Cloutier had multiple ear piercings and tattoos but did not have any facial piercings.

Between her employment start and March 2001, when Costco revised its dress code, Cloutier had her eyebrow pierced. When Costco asked her to remove her eyebrow ring due to the new dress code prohibiting facial jewelry, Cloutier refused and instead filed a complaint with the EEOC. On her next workday, Cloutier met with the store manager to discuss her complaint, provide information about the Church of Body Modification, and suggest wearing a band-aid over her eyebrow ring. However, the store manager rejected her suggestions and informed her that unless she removed the facial jewelry or replaced it with a

discreet plastic spacer, which would prevent the piercing from closing up, she should not return to work. As Cloutier did not comply and failed to show up for multiple scheduled shifts, Costco terminated her employment based on their absenteeism policy.

To establish a case of religious discrimination, employees must fulfill three elements: having a religious belief that conflicts with a job requirement, informing the employer about this conflict, and being terminated for not complying with the conflicting requirement. The Court assumed that Cloutier's stated beliefs were protected religious beliefs based on the broad definition of religion. Costco acknowledged that Cloutier informed them about her religious beliefs and fired her due to her facial piercings. As a result, Cloutier met her initial burden of proof, leaving it now up to Costco to demonstrate that they provided reasonable accommodation for her religious practices or that accommodating her would cause undue hardship in business operations.

As per Title VII of the Civil Rights Act of 1964, employers are required to reasonably accommodate an employee's religious beliefs or practices, unless it would result in undue hardship. The accommodation need not be flawless but should be equitable. In this instance, the Court determined that Costco's dress code was essential for upholding a professional appearance and concluded that the accommodations provided to Cloutier (substituting the eyebrow ring with a discreet plastic spacer) were reasonable.

Therefore, the Federal District Court for the District of Massachusetts ruled in favor of Costco. 6. Religious Discrimination after September 11, 2001

The Equal Employment Opportunity Commission (EEOC) and state and local fair employment practices agencies have reported a notable rise in charges of workplace discrimination based on religion or national

origin following September 11, 2001. Individuals belonging to Muslim, Arab, South Asian, and Sikh communities have particularly experienced discriminatory actions.

In order to prevent claims of harassment, employers need to give importance to their company's harassment policy. It is important for the policy to be carefully examined and revised, including the necessary provisions and a procedure for filing complaints. Employees should be reminded that this policy protects individuals belonging to all religions and national origins, such as Muslims, Arabs, South Asians, and Sikhs. It is crucial for employees to know that reporting any discriminatory behavior is supported by the company and any complaints will be promptly investigated with appropriate action taken if necessary. Additionally, training supervisors in dealing with this issue is also essential.

Supervisors need to undergo training on the company's policy and develop skills to recognize and handle complaints. They should also possess a fundamental knowledge of Islamic beliefs, as Muslim employees may be particularly affected by comments from colleagues in today's society. Following the incidents at the World Trade Center and the Pentagon, there has been an upswing in discrimination against Muslims, leading to feelings of uncertainty and fear among them. As a result, there is an increasing requirement among Muslims for prayer accommodations at work, such as designated times, services, and facilities.

Employers are not obligated to accommodate religious practices if it would result in an undue hardship. However, if they choose to provide a higher level of accommodation than legally required for one religious group's request, they must also do the same for requests from other religious groups. Failing to do so would be considered discriminatory.

7. Summary and Conclusion

7.1 Summary

To summarize, employers should

adhere to the following guidelines when making workplace decisions: They should avoid treating employees differently based on their religious practices or beliefs, such as denying employment based on religion or implementing specific requirements or promotions exclusively for employees of a certain religion.

It is important to ensure that religious activities are not mandatory for employees. Likewise, restrictions on religious expressions should not be more stringent than those placed on other forms of expression that can similarly impact productivity in the workplace. It is unacceptable to retaliate against individuals involved in investigations or legal proceedings related to religious discrimination. Instead, employers should make reasonable accommodations for employees' religious practices and beliefs by adjusting the work environment accordingly.

To prevent religious harassment of employees, employers must have an anti-harassment policy and a procedure for reporting, investigating, and addressing any instances of harassment.

7.2 Conclusion

Religious discrimination is a significant concern for employers as it falls under Title VII of the Civil Rights Act of 1964. Discrimination claims can lead to costly lawsuits, decreased employee morale, and damage to the company's reputation. The Equal Employment Opportunity Commission (EEOC) reports an increase in charges related to workplace discrimination based on religion since September 11, 2001.

Due to employees' increasing awareness of their rights, it is advisable for companies to proactively address complaints by promptly investigating and taking appropriate action.

Bibliography

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