Employment Law New Challenges in the Business Environment

Employment Law: New Challenges in the Business Environment Chapter 14 Religious Discrimination 14 -1 Employment Law: New Challenges in the Business Environment, 6 e Moran Copyright © 2014 Pearson Education, Inc.

Chapter Checklist n n n Become familiar with the religious implications of the First Amendment to the U. S. Constitution. Understand that employers must reasonably accommodate the religious beliefs of their employees. Appreciate that religious accommodation may not extend to situations creating an undue burden on the employer. Recognize that a bona fide occupational qualification exists for religious institutions wishing to hire members of their own faith. Realize that religious practices cannot compromise food safety—that is, dreadlocks, long hair, and beards—or seniority under collective bargaining agreements. 14 -2 Employment Law: New Challenges in the Business Environment, 6 e Moran Copyright © 2014 Pearson Education, Inc.

Chapter Checklist (Cont. ) n n n Know that employers generally cannot tell employees where to live. Learn that employers do not have to permit employees to promote their religious beliefs at the workplace. Be aware that employers do not have to allow religious services in the workplace. Be cognizant of the fact that employers do not have to accommodate an employee beyond what the religion itself requires. Recognize that religious discrimination is one of the protected classes under the Civil Rights Act. 14 -3 Employment Law: New Challenges in the Business Environment, 6 e Moran Copyright © 2014 Pearson Education, Inc.

Introduction n n The First Amendment to the U. S. Constitution provides for freedom of religion Also stated is that Congress shall not establish a national religion These practices must not violate other laws such as criminal laws prohibiting sacrificial offerings Employers must not refuse to hire an individual because he or she is a member or a particular religion 14 -4 Employment Law: New Challenges in the Business Environment, 6 e Moran Copyright © 2014 Pearson Education, Inc.

Employment Perspective The Situation Herman Tuffle, an atheist, is an owner of a bookstore called “The Classics. ” Shamus O’Neil applies for a position at the store. During the interview Shamus mentions that one of the priests at his parish saw “The Classics” employment advertisement. Herman, who never questioned Shamus about his religion refused to hire him. One of Shamus’s friends tells him that Herman is an atheist. Shamus files a claim with the EEOC. Will he win? 14 -5 Employment Law: New Challenges in the Business Environment, 6 e Moran Copyright © 2014 Pearson Education, Inc.

Employment Perspective (Cont. ) The Decision Yes, as long as Shamus was qualified for the position and Herman had no justifiable reason, Herman will have no valid defense for refusing to hire him. Even if Herman had hired him and then, upon learning Shamus’s religious affiliation terminated him; the result would still be the same 14 -6 Employment Law: New Challenges in the Business Environment, 6 e Moran Copyright © 2014 Pearson Education, Inc.

Accommodating Religious Beliefs n n To require an employer to accommodate an employee’s religious beliefs, the employee must first explain what his or her religious beliefs are and how they are being compromised by the employer because of the task at hand. Then the employer must comply if such accommodation would not cause the employer unnecessary hardship, compromise the rights of others, or not require more then minimal cost. If then the employee resigns or is terminated for failing to perform the job because of religious beliefs, then there is a question of religious discrimination. Many claims of religious discrimination relate to religious observance. 14 -7 Employment Law: New Challenges in the Business Environment, 6 e Moran Copyright © 2014 Pearson Education, Inc.

Bona Fide Occupational Qualification n n Religious organizations are permitted to discriminate as long as the position relates to the promotion of the religion. Religious belief is considered a bona fide occupational qualification. 14 -8 Employment Law: New Challenges in the Business Environment, 6 e Moran Copyright © 2014 Pearson Education, Inc.

Employment Perspective The Situation n n St. Johns Lutheran Church has a position available as an administrative assistant to the minister. Marybeth, a Catholic, is refused the position because she is not Lutheran. Is this religious discrimination? The Decision NO! St. John’s Lutheran may discriminate in favor of its own parishioners because the position is involved with the operation of the Church. 14 -9 Employment Law: New Challenges in the Business Environment, 6 e Moran Copyright © 2014 Pearson Education, Inc.

Workplace Religious Freedom Act n n Currently before Congress, this Act guarantees employees the right to wear religious garb and to groom in accordance with their religious beliefs In 2011, New York City passed a version of this Act. 14 -10 Employment Law: New Challenges in the Business Environment, 6 e Moran Copyright © 2014 Pearson Education, Inc.

First Amendment Protection The 1 st Amendment to the U. S. Constitution addresses religion in two respects. 1) It prohibits the government from establishing a national religion. Freedom from religious persecution is an important reason why many immigrants come to this country. 2) It also promotes the freedom to associate. If a person chooses to associate socially only with members of his or her own religion, that is a protected choice. 14 -11 Employment Law: New Challenges in the Business Environment, 6 e Moran Copyright © 2014 Pearson Education, Inc.

Religious Harassment n n Every protected class has a subset for harassment. Religion is no different. Religious harassment has always existed against every religions minority. Since 9/11, a religious harassment has been more pronounced against Muslims than any other religion. Name-calling, jokes, and pictorials demeaning an employee’s religion are all forms of racial harassment that employers have to guard against. 14 -12 Employment Law: New Challenges in the Business Environment, 6 e Moran Copyright © 2014 Pearson Education, Inc.

Human Resource Advice n n n Decide what religious accommodations to provide for your employees. Realize that you cannot discriminate in making an employment decision because of the religion of an applicant or employee. Recognize that food safety is paramount to religious practices involving facial hair or hair length. Learn the significance of the 1 st Amendment of the U. S. Constitution for religion. Know that religion is a protected class under Title VII of the Civil Rights Act. 14 -13 Employment Law: New Challenges in the Business Environment, 6 e Moran Copyright © 2014 Pearson Education, Inc.

Human Resource Advice (Cont. ) n n Understand that you do not have to permit the conducting of religious services at he workplace. Be aware that you do not have to allow employees to promote their religious or political beliefs at the workplace. Be cognizant of the fact that religious institutions may employ members of their own faith to promote their religion. Acknowledge that a person’s religion has no bearing on his/her ability to perform a job. 14 -14 Employment Law: New Challenges in the Business Environment, 6 e Moran Copyright © 2014 Pearson Education, Inc.

Summary n n Cases involving religious discrimination is the fastest growing area of discrimination in percentage terms in employment law. As a greater number of immigrants enter the United States, the requests for religious accommodation in employment has increased dramatically. 14 -15 Employment Law: New Challenges in the Business Environment, 6 e Moran Copyright © 2014 Pearson Education, Inc.