Religious Discrimination

EMPLOYMENT ALERT

ARE YOU RELIGIOUS?

By Karen A. Khan, Esq.

Religious discrimination claims filed with the EEOC have doubled since 1992. And of course, there was 9/11 which led to increased tensions in the workplace while religious diversity in the workplace also continues to increase.

Title VII of the Civil Rights Act of 1964, as amended ("Title VII"), prohibits employment discrimination on the basis of religious beliefs, or lack thereof (atheist). It also requires employers to reasonably accommodate employees' sincerely held religious beliefs, observances, and practices when requested, unless the accommodation would impose an undue hardship on the employer's operations. The District of Columbia, Maryland and Virginia also have state laws which prohibit religious discrimination.

But, how is religion defined? Last year, the EEOC issued revised guidance on religious discrimination which broadly defined religion:

Religious beliefs, practices, and observances include those that are theistic in nature (believing in a god or gods), as well as non-theistic (moral or ethical beliefs as to what is right and wrong which are sincerely held with the strength of traditional religious views. However, mere personal preferences are not religious beliefs. (EEOC Directives Transmittal No. 915.003, July 22, 2008)

The concept of religion includes organized religions such as Christianity, Judaism, Islam, Hinduism, Buddhism, as well as religious beliefs that are new, uncommon, or not part of a formal church or sect. Additionally, examples of religious practices or observances include attending worship services, praying, wearing religious garb or symbols, displaying religious objects, adhering to certain dietary rules, proselytizing or other forms of religious expression, or refraining from certain activities. As you can see, the definition of religion and religious practices and observances is very broad.

Here are some practical examples provided by the EEOC:

• A qualified non-Jewish employee is denied promotion because the supervisor gives a preference based on religion to a fellow Jewish employee.
• A Catholic employee asks for a change in schedule to attend church on Good Friday.
• An atheist asks to be excused from a religious invocation offered at the beginning of staff meetings.
• A Muslim employee asks to wear her headscarf as an exception to the employer's dress code.
• An employee is unlawfully denied time off to attend the New Year observance of Wicca because the supervisor did not believe that Wicca is a "real" religion, but instead involves various aspects of the occult.
• An employee is fired because he disclosed his recent conversion to the Baha'i Faith.
• An employee who adheres to Native American spiritual beliefs seeks leave to attend a ritual ceremony.
• An employee who identifies as Christian but is not affiliated with a particular sect of denomination, asks not to work on his Sabbath because of his belief that to do so is prohibited.

Employers and employees alike should leave their preconceptions of religion at the workplace door. Treating an employee different, harassing or retaliating against the employee because of their sincerely held religious belief, practice or observance, or lack thereof, is illegal.

The Khan Law Group, PLLC would like to wish you a safe and happy holiday season!

The contents of this Employment Alert are intended for informational purposes only and must not be considered as legal advice.

Karen A. Khan is a local attorney and litigator representing employers and employees in all areas of employment law who has represented both large corporations and individual employees alike in employment discrimination matters, and who has conducted litigation nationwide.

The Khan Law Group, PLLC is a Washington, D.C. based employment law firm representing corporate clients as well as individual employees with employment issues in Washington DC, Maryland, Virginia, and nationwide. The Group is dedicated to providing the highest calibre of personalized legal services and representation.

Contact The Khan Law Group, PLLC at 202-290-1670, for a confidential consultation.