EEOC Addresses Religious Bias in the Workplace

March 31, 2006

Excerpted from Federal Employment Law Insider, written by attorneys at the law firms Fortney & Scott, LLC and McGuireWoods LLP

At a recent conference of the American Law Institute-American Bar Association in Washington, D.C., the Equal Employment Opportunity Commission (EEOC) and management attorneys presented their views on religious bias law and how to avoid claims.

More religious expression is occurring
EEOC Associate Legal Counsel Peggy R. Mastroianni noted an increase in religious expression in the workplace, citing one study that reported as many as 18 percent of employees express their religious beliefs at work and that nine percent of their coworkers find the activities harassing. In addition, more employers are engaging in religious activities by providing workplace chaplains and other "employee benefits."

Title VII of the Civil Rights Act of 1964 prohibits discrimination based on a person's religion. EEOC guidance clarifies the issue by stating that employers may not treat individuals more or less favorably because of their religious beliefs or force workers to participate in or refrain from participating in religious activity as a condition of employment. If you permit other types of personal expression at work, you must allow employees to express their religious views and at the same time prevent the religious harassment of any coworker.

Employers also must provide reasonable accommodations under the religious bias law similar to the type of reasonable accommodations required under the federal disabilities law. Once an employee requests an accommodation, the employer must respond. But an employer isn't obligated to provide the accommodation the employee wants - an alternative may be offered. The employee must participate in the process for the employer to have a continuing duty. Common types of religious accommodation include schedule changes and dress code modifications.

Five things you can do
Mastroianni suggested five steps your organization can take to minimize workplace religious bias claims:

• Make certain that your discrimination policy covers religion
• Act immediately when you're aware that an employee objects to a coworker's religious expression.
• If the harassed employee doesn't object but it's clear that the religious expression is objectively abusive, go ahead and intervene.
• If it isn't clear that the religious expression is objectively abusive but you think the target might feel harassed, go ahead and inquire.
• Advise managers and supervisors that they need to be extra careful about proselytizing. When a manager or supervisor aims that behavior at a subordinate, it might be viewed as more coercive.

Copyright © 2006 M. Lee Smith Publishers LLC. This article is an excerpt from FEDERAL EMPLOYMENT LAW INSIDER. This article is for general information purposes only and is not intended to provide legal counsel or advice. Employers should retain experienced legal counsel to obtain advice about the effects of these developments on their particular circumstances.

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