Religious Discrimination

Additional HR Resources The Plus of "Us" DVD-based diversity training for employees and supervisors creates healthy workplace Religion at Work Religion at work: how to legally accommodate your diverse workforce Religious Harassment How HR can avoid religious harassment and discrimination claims A Guide to Diversity How to help create an organization that values diversity in its workforce Recognizing Discrimination Assessing your policies and practices, and adjusting them where necessary Avoid Discrimination Avoiding religious discrimination and 11 other legal dangers for supervisors Dress Code Dangers When dress codes can incur a religious discrimination claim Advice for Supervisors Avoiding discrimination and other legal dos and don'ts for supervisors Employment Law in Your State Where your state lawmakers and fellow employers stand on this issue Federal Employment Law Advanced warning on upcoming federal regulations and legislation

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.

HR Guide to Employment Law: A practical compliance reference manual covering 14 topics, including discrimination

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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.

Audio Conference: When Religion Comes to Work: How to Legally Accommodate Your Diverse Workforce

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.

State-by-state comparison of 50 Employment Laws in 50 States, including religious discrimination and accommodations

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Related articles on Religious Discrimination in the Workplace featured in HR Hero Line

• Hostile Work Environment: Employee Warned to 'Find God' or 'Go to Hell'
  (North Dakota Employment Law, November 2009)
• Addressing Employees' Religious Beliefs and Practices in the Workplace
  (Indiana Employment Law Letter, October 2009)
• Treat Holidays with Care to Avoid Religious Discrimination, Harassment
  (Rhode Island Employment Law Letter , November 2008)
• EEOC Offers Employers Guidance on Avoiding Religious Discrimination
  (Oklahoma Employment Law Letter, October 2008)
• Ministers in the Workplace
  (Arkansas Employment Law Letter, February 2008)
• Handling Holiday Religious Expression in the Workplace
  (Georgia Employment Law Letter, November 2007)
• EEOC Addresses Religious Bias in the Workplace
  (Federal Employment Law Insider, March 2006)

HR Tools for Religious Discrimination

• Sample Policy - Equal Employment
• Sample Policy - Harassment and/or Discrimination