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Religious Discrimination?
Know your EEOC Compliance Manual

Where to Find What the Government Says
The Compliance Manual (“the Manual”) issued by the United States Equal Employment Opportunity Commission (“EEOC”) can serve as a valuable and free research tool for employers seeking to gain a preliminary understanding of their duties and obligations in the area of discrimination. The EEOC is updating several sections of the manual on federal government time. Fortunately, the updates and other helpful information are available at www.eeoc.gov/policy/. We suggest that employers refer to this Manual frequently for information and suggestions on avoiding discrimination disputes.

Religious Discrimination: God Only Knows?
On July 22, 2008, the EEOC issued a new Section 12 to the Compliance Manual, which addresses religious discrimination The employer has broad duties and responsibilities in the area of religious discrimination, and the correct path to follow is often hard to discern. Section 12 provides a decent starting point for an employer seeking to understand religious discrimination.

Title VII of the Civil Rights Act of 1964 (Title VII) requires employers to make a reasonable accommodation for sincerely held religious beliefs. Religion is broadly defined however and has a subjective quality because it is measured by the employee’s belief and goes beyond traditional, organized religions to ones that are “new, uncommon [and] not part of a formal church or sect.” A belief is religious under Title VII if it “occupies in the life of its possessor a place parallel to that filled by God.” For this reason, an analysis of what is religious must be examined on a case by case basis.

These definitions are not terribly helpful but Section 12 does provide some guidance on best practices and suggestions for handling some difficult situations.

Some suggestions for Employers from the Manual:
  1. Use written, objective criteria for evaluating candidates for hiring and promotion;
  2. Ask the same questions for all applicants for a particular job or category of job;
  3. Keep accurate and timely recorded business reasons for discipline or performance-related actions, sharing those with the effected employees;
  4. Properly train managers, and encouraged them to consult with more experienced personnel, regarding difficult discrimination issues; and
  5. Educate customers concerning possible misperceptions about particular employees.
  6. Publicize and consistently apply an anti-harassment policy;
  7. Allow religious expression, provided it does not involve harassment of coworkers and is not disruptive to the employment environment;
  8. Take immediate steps to investigate and, as needed, address any employee’s complaint of discrimination;
  9. Intervene immediately when learning of abusive and insulting conduct;
  10. Properly train employees, managers and supervisors to avoid retaliation against an employee who is exercising a protected religious belief;
  11. Train managers and supervisors to recognize when and where a religious accommodation is required;
  12. Develop procedures for accommodating religious beliefs;
  13. Assess religious accommodation requests on an individual basis and avoid assumptions and stereotypes when determining an appropriate response;
  14. Provide the least disruptive, but effective, accommodation possible; and
  15. Educate managers and supervisors on how to choose the least disruptive, but effective, accommodation.
FINAL THOUGHT

Title VII provides broad protection for religious beliefs in the workplace. As a result, employers must proceed cautiously when faced with issues involving religion. An employer who fosters or permits religious discrimination can be subject to severe financial penalties and significant litigation fees and costs. Therefore, employers must take reasonable and necessary steps to prevent religious discrimination. One reasonable step is to consult Section 12 of the Manual for basic information and practice tips.

That said, Section 12 is just a starting point. The issues in this area are often complex, case specific and multi-layered. The Manual will not fully and clearly address all issues and all circumstances you may face. In that event, give us a call.

Questions?.

Contact info@neworkplacelaw.com or call 508-548-4888




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