Chapter 10: Religious Discrimination
I. Statutory Basis
· It shall be an unlawful employment practice for a employer:
- to fail or refuse to hire or discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment because of such individual’s… religion.. or
- to limit, segregate, or classify his employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or other adversely affect his status as an employee because of such individual’s religion… [Title VII of the Civil ...view middle of the document...
· Federal and state constitutional guarantees of due process, equal protection, and freedom of religion also provide protection for federal, state and local government employees.
-- If the employer is a governmental entity, the employer must avoid workplace policies that have the effect of tending to establish or to interfere with the practice of the employee’s religion. In determining whether the employer has discriminated on the basis of religion, the court must sometimes first address whether even deciding the issue entangles the government excessively in the practice of religion. Title VII is the only legislation specifically prohibiting religious discrimination in employment, and consideration is given to given to constitutional issues where necessary.
· Unlike the other categories included in Title VII, there is not an absolute prohibition against discrimination on the basis of religion.
n Duty to reasonably accommodate: the employer’s Title VII duty to try to find a way to avoid conflict between workplace policies and an...