Ten Commandments for Avoiding Religious Harassment & Discrimination Claims

Anne H. Williams, Attorney

New and alarming trends are changing the way you manage your workforce and demanding your attention. These trends are too complex and critical to cover fully in a monthly newsletter. That's why we created HR Executive Special Reports.

About the Report
Here's exactly what you need to know about illegal religious discrimination and harassment. This special report also gives you a course of action to follow to establish anti-discrimination procedures in your workplace, including how to handle requests for religious accommodations.

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Table of Contents:

1. THOU SHALT OBEY THE LAW
Applicable Laws
Title VII
Public Employers
State Concerns
Other Laws of General Applicability

2. THOU SHALT RECOGNIZE EMPLOYEES’ RELIGIOUS BELIEFS
In the Beginning
Sincerity of Belief
Religion vs. Politics
Believing vs. Expressing
Personal vs. Group Beliefs
Not a Mere Preference or Convenience
Bottom Line

3. THOU SHALT NOT DISCRIMINATE
Types of Religious Discrimination
Prevent Discrimination in Your Hiring Processes
Eliminate Discriminatory Procedures
Adopt Discrimination Policies

4. REMEMBER THE BFOQ EXCEPTION
The General Exception

5. THOU SHALT NOT PERMIT RELIGIOUS HARASSMENT
Your Duty to Maintain a Harassment-Free Workplace
Legal History
New Liability Standards for Harassment
Lack of Guidelines from EEOC
What Is Religious Harassment?
Harassment Motivated by Hostility
Go Tell It on Your Own Mountain

6. THOU SHALT ESTABLISH DISCRIMINATION POLICIES
Suggestions for Avoiding Discriminatory Practices
Take Action

7. THOU SHALT REASONABLY ACCOMMODATE EMPLOYEES
Duty to Accommodate Religious Practices
Respond to a Request to Accommodate a Religious Belief
The Supreme Court Definition of Undue Hardship
The EEOC Approach
The Reasonable Accommodation Approach

8. THOU SHALT APPLY THE UNDUE HARDSHIP STANDARD
Work Schedules
Mandatory Payment of Union Dues
Dress and Grooming Codes
Accommodations During Christmas
Evaluating Requests for Accommodations

9. PUBLIC EMPLOYERS SHALT COMPLY WITH SPECIAL RULES
Constitutional Requirements
Proselytizing in a Public Workplace
Dress Code Restrictions
Bottom Line

10. HONOR RELIGIOUS DIVERSITY