Chapter 4

Religious
Discrimination
Religious Discrimination

• Religion is broadly defined and includes religious beliefs

and practices.
• Beliefs must be sincerely held.
• Distinguishable from other protected classes because
of employer’s duty to provide a reasonable
accommodation.*

*Employers must also provide a reasonable accommodation

to qualified individuals with disabilities.
Because religion is a protected class, employers are
prohibited from discriminating on the basis of religion when
making decisions about hiring, promoting, compensating,
and firing employees, as well as all other terms and
conditions of employment.

This prohibition also prevents an employer from

conditioning an individual’s employment on his participation
in, or refusal to participate in, an activity.
Religious Corporations

• Title VII provides a limited exception for religious

corporations and permits such employers to consider
religion as a factor in making some employment
decisions.
• BFOQ is an available, but limited defense.
Basis for a Claim for Religious
Discrimination
An employee filing a religious discrimination claim must
show that
• The practice at issue is religious in nature
• The practice is based on sincerely held religious beliefs
• The employer was aware of the conflict between the
employee's ability to perform her job responsibilities
and the religious practice
• The employee was subjected to discriminatory treatment
for engaging in the religious practice
Both Traditional and Nontraditional
Religious Beliefs and Practices are
Protected
Atheism is considered to be a religion and is protected.

Political beliefs are not considered religious beliefs and are

not protected.
Sincerity of Religious Beliefs

Employers have the right to challenge the sincerity of an

individual’s religious belief, BUT the law recognizes that an
individual’s religious belief and level of commitment may
change over time based on changing life circumstances and
events.
Employer Obligation to Provide a
Reasonable Accommodation
Note: This obligation applies to religious beliefs and practices
and disabilities.
Modification of the job or the application process or
the environment to enable the person to perform the
essential functions of the job, provided it is not
an undue burden for the employer.
 This obligation applies to all terms and conditions of
employment.
Employer Obligation to Provide a
Reasonable Accommodation
However

• Assuming an individual has a sincerely held religious

belief,
• the employer will have an obligation to provide a
reasonable accommodation, unless it would impose an
undue burden on the employer’s business.
Essential functions
vs.
Tangential functions
Extent of an Employer's Obligation
to Provide an Accommodation:
• Full accommodation is desirable
• No obligation to undergo an undue burden
• De minimis burden may be required
• Partial accommodation might be sufficient
• No obligation to choose the accommodation proposed
by an employee
Undue Burden Not Required
Case-by-case consideration of a number of factors, such as:
• the nature and cost of the accommodation
• the overall financial resources of the facility or facilities
involved in the provision of the reasonable accommodation
• the number of persons employed at such facility
• the effect on expenses and resources
• the impact otherwise of such accommodation upon the
operation of the facility
• the health or safety risks posed to the employee in question
or other employees  
Note:
• Employer need not abridge the rights or privileges of other
employees.
• Employer need not alter the essential functions of the job.
Examples of Reasonable
Accommodations
• Reassignment of peripheral job tasks
• Lateral transfers
• Schedule changes
• Swapping of shifts among employees

Note: an employer may be required to modify its dress code,

grooming requirements, or rules related to religious beliefs,
practices, and expression, provided the individual has a
sincerely held religious belief and a modification can be
made without subjecting the employer to an undue burden.
Religious Expression

• Protected behavior can include displaying religious icons

or messages in work area, speaking with people about
religious beliefs, passing out literature, or greeting others
with religious messages.
• Reasonable accommodation of employees who do not
share the beliefs of their employers must also be made.
Five Tips For Handling Religious
Accommodations
1) Consider each request individually
2) Anything more than nominal is undue hardship
3) Be flexible on scheduling
4) Don’t segregate workers who need religious
accommodations
5) Avoid retaliation
Five Tips For Handling Religious
Accommodations
Consider each request individually
Different religions may have varying restrictions or
observances, so always work with the individual employee
to see what accommodations are appropriate for him.

For ex. if you require all employees to have a clean-shaven

face as part of maintaining a sterile work environment, an
employee who may not cut or trim his beard because of
his religion may be able to wear a face mask or hair net
over his beard as an accommodation.
Five Tips For Handling Religious
Accommodations
Anything more than nominal is undue hardship

An undue hardship under Title VII of the Civil Rights Act of 1964 is
easier to establish than under the Americans with Disabilities Act
(ADA). Where the ADA defines an undue hardship as a significant
burden or expense, an undue hardship under Title VII, is a cost or
burden on the organization that is more than de minimis or nominal.

Administrative costs involved in switching an employee’s schedule or

infrequent overtime pay will be seen as de minimis and, therefore,
not an undue burden.
Anything more than ordinary administrative costs, such as hiring
additional workers, paying for frequent overtime work, or violating a
collective bargaining agreement, will be more than de minimis and
an undue burden.
Five Tips For Handling Religious
Accommodations
Be Flexible on Scheduling
• An employee isn’t entitled to demand a particular
accommodation.
• You don’t have to honor her preferred accommodation as long
as you offer another reasonable accommodation that will
allow her to observe her religious obligations.
• a reasonable accommodation for one employee may not be
reasonable for another because of differences in job duties,
departments, shifts, and other factors.
Five Tips For Handling Religious
Accommodations
Don’t segregate workers who need religious accommodations
• Your decision to segregate this employee or treat her
differently because she wears a headscarf for religious reasons
could be deemed religious discrimination.
• Example, if you let a female Muslim employee wear a
headscarf at work–despite your policy against employees
wearing any hats or other headgear– as a reasonable religious
accommodation. But then you relegate her to a back office
and tell her that she isn’t to have any in-person contact with
your customers.
Five Tips For Handling Religious
Accommodations
Avoid retaliation

Avoiding retaliation doesn’t mean that you may not hold your
employees to the same performance standards and work rules.
If an employee has violated your employment policies or isn’t
performing up to par, follow your normal procedures for
imposing discipline. Be sure to document every step so that if an
allegation of retaliation arises, you have sufficient written
support for your employment decisions.