Given our increasingly diverse and complex culture, when faced with the question of what is considered fair and acceptable regarding freedom of religious expression and practice in the workplace, reliance upon the law is the best guide. Title VII of the Civil Rights Act of 1964, requires that employers must make an attempt to reasonably accommodate its employees’ religious requirements as long as it does not create undue hardship, expense for the employer or erroneously convey a religious alliance with the company.
What is Included in Religious Accommodation?
Religious accommodation extends its reach into all aspects of religious freedom:
- Expression and displays such as styles of dress
- Wearing or displaying symbols of religious belief
- Taking time off to observe religious holidays (including the Sabbath)
- Allowing for prayer time
- Sharing of one’s beliefs with others
The Prohibition to Discriminate
Following the events of September 11, the EEOC (Equal Employment Opportunity Commission) came out with a strong statement against religious discrimination, impressing upon employers the need to accept all religions and ethnicities. In the words of the EEOC:
Anger at those responsible for the tragic events of September 11 should not be misdirected against innocent individuals because of their religion, ethnicity, or country of origin. Employers and labor unions have a special role in guarding against unlawful workplace discrimination.
Title VII of the Civil Rights Act of 1964 prohibits workplace discrimination based on religion, national origin, race, color, or sex. At this time, employers and unions should be particularly sensitive to potential discrimination or harassment against individuals who are – or are perceived to be – Muslim, Arab, Afghani, Middle Eastern or South Asian (Pakistani, Indian, etc.).
The law’s prohibitions include harassment or any other employment action based on any of the following:
- Affiliation: Harassing or otherwise discriminating because an individual is affiliated with a particular religious or ethnic group. For example, harassing an individual because she is Arab or practices Islam, or paying an employee less because she is Middle Eastern.
- Physical or cultural traits and clothing: Harassing or otherwise discriminating because of physical, cultural, or linguistic characteristics, such as accent or dress associated with a particular religion, ethnicity, or country of origin. For example, harassing a woman wearing a hijab (a body covering and/or head-scarf worn by some Muslims), or not hiring a man with a dark complexion and an accent believed to be Arab.
- Perception: Harassing or otherwise discriminating because of the perception or belief that a person is a member of a particular racial, national origin, or religious group whether or not that perception is correct. For example, failing to hire an Hispanic person because the hiring official believed that he was from Pakistan, or harassing a Sikh man wearing a turban because the harasser thought he was Muslim.
- Association: Harassing or otherwise discriminating because of an individual’s association with a person or organization of a particular religion or ethnicity. For example, harassing an employee whose husband is from Afghanistan, or refusing to promote an employee because he attends a Mosque.
Imposing Religious Views in the Workplace
While laws governing proselytizing are presently a bit murky, the law to reasonably accommodate an employee’s religious views does not require an employer to support or allow an employee to impose his or her religious views on co-workers. In light of this, care should be taken to ensure that lines are not crossed and that religious respect goes both ways. Those who are decidedly non-religious or of a different faith should not be subjected to unwelcome discussion of another’s religion or criticized for their opposing beliefs. Thus, balance and tolerance are imperative in an effort to create, maintain and accommodate an overall harmonious work environment.
Walking this tightrope can be tricky, if not downright dangerous. Contact one of CPEhr’s Human Resources Outsourcing experts to assist you in complying with religious accommodations in the workplace.