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Religious Discrimination


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Globalization, immigration patterns, a focus on workplace diversity, and a renewed spiritual awakening prompted by the September 11, 2001, terrorist attacks have combined to create a more religiously diverse and devout workforce.

As a result, the proverbial wall separating religion from work is crumbling now, and more and more workers are bringing their religion into the workplace. This proliferation of religion in the workplace is creating new challenges for employers. They increasingly are being inundated with requests for religious accommodations and progressively confronted with unexpected and awkward faith-related situations.


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Religious accommodation requests and religious discrimination claims are on the rise
The number of religious accommodation requests and religious discrimination charges filed with the Equal Employment Opportunity Commission (EEOC) has risen sharply during the last decade. Since 1997, the number of religious discrimination charges filed with the EEOC has increased nearly 50%. They are the third-fastest growing discrimination claims behind disability-based (Americans with Disability Act) claims and sexual harassment claims.

How is “religion” in the workplace defined?

When Title VII of the Civil Rights Act of 1964 (Title VII) was originally passed, it prohibited employment discrimination based on religion, but didn't define the term “religion." Language was added later stipulating that “the term ‘religion’ includes all aspects of religious observance and practice, as well as belief.”

The EEOC also has defined religious practices by workers to “include moral or ethical beliefs about what is right and wrong which are sincerely held with the strength of traditional religious views.”

Courts across the country have determined that the religious protections offered under Title VII can include beliefs an employer wouldn't necessarily associate with any traditional religion. In determining whether an employee's beliefs or practices qualify as “religious,” courts often will ask a series of questions to separate religious beliefs from an opinion or moral code that doesn't fall under Title VII’s protection.

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Related articles on Religious Discrimination from the State Employment Law Letters
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Drawing the line between religious sensitivity and offensive viewpoints
  Pennsylvania Employment Law Letter, March 2008
Multiple decisionmakers, layered review process help defeat discrimination claim
  Wisconsin Employment Law Letter, November 2007
The parable of the school department and the administrator
  Massachusetts Employment LawLetter, October 2007
Cleansing the bank account
  Rhode Island Employment Law Letter, October 2007
Employer's 'New Age' management practices lead to liability
  North Dakota Employment LawLetter, October 2007
Employer-imposed religious beliefs lead to adverse verdict
  Iowa Employment Law Letter,September 2007
When dress codes and religion clash
  New York Employment Law Letter, June 2007
A new cross to bear: employees' religious rights
  West Virginia Employment Law Letter, April 2007
The unintended consequences of welcoming religion into the workplace
  New York Employment LawLetter, March 2007

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