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Religion discrimination #24
by Ross Runkel at LawMemo

Title VII prohibits discrimination "because of" "religion." Title VII also requires employers to reasonably accommodate an employee's religious practices and observances. Most states have statutes that have similar language.

What does "religion" mean under Title VII? It includes "all aspects of religious observances and practices as well as belief." It includes believers, atheists, and agnostics. It includes those who belong to an organized religion and those who do not.

So, religion discrimination is (1) treating people in a different manner because of their religious beliefs, or observances, or practices, or (2) refusing to reasonably accommodate an employee's religious practices or observances.

Examples of religious observances or practices (assuming each of these is something the individual considers to be a religious duty, even though a formal "church" does not require it):

• Teaching a religious class.
• Not working on a holy day.
• Going to a religious convention.
• Wearing a religious symbol.
• Wearing a hat or turban.
• Wearing an anti-abortion button.
• Wearing a beard.

Religious harassment is a form of religion discrimination.

Reasonable accommodation. Title VII requires employers to reasonably accommodate an employee's religious observances and practices unless to do so would be an "undue hardship." For example, this might require an employer to modify schedules to allow someone a day off for a holy day, or require an employer to allow the wearing of religious buttons. However, it is often easy for an employer to show that such an accommodation is not "reasonable" or that it would be an "undue hardship."

Only about 3 percent of the charges filed with the EEOC involve claims of religion discrimination.

BFOQ. In rare cases an employer can defend a case of religion discrimination on the ground that it is a "bona fide occupational qualification."

Coming next: Age discrimination #25: Employment Law 101

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