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Title VII of the Civil Rights Act of
l964 prohibits employers from discriminating against individuals
because of their religion in hiring, firing, and other terms and
conditions of employment. Title VII covers employers with 15 or
more employees, including state and local governments. It also
applies to employment agencies and to labor organizations, as
well as to the federal government.
Under Title VII:
- Employers may not treat
employees or applicants less - or more - favorably because
of their religious beliefs or practices. For example, an
employer may not refuse to hire individuals of a certain
religion, may not impose stricter promotion requirements for
persons of a certain religion, and may not impose more or
different work requirements on an employee because of that
employee's religious beliefs or practices.
- Employees cannot be forced
to participate -- or not participate -- in a religious
activity as a condition of employment.
- Employers must reasonably
accommodate employees' sincerely held religious beliefs or
practices unless doing so would impose an undue hardship on
the employer. A reasonable religious accommodation is any
adjustment to the work environment that will allow the
employee to practice his religion. Flexible scheduling,
voluntary substitutions or swaps, job reassignments and
lateral transfers and modifying workplace practices,
policies and/or procedures are examples of how an employer
might accommodate an employee's religious beliefs.
- An employer is not required
to accommodate an employee's religious beliefs and practices
if doing so would impose an undue hardship on the employers'
legitimate business interests. An employer can show undue
hardship if accommodating an employee's religious practices
requires more than ordinary administrative costs, diminishes
efficiency in other jobs, infringes on other employees' job
rights or benefits, impairs workplace safety, causes
co-workers to carry the accommodated employee's share of
potentially hazardous or burdensome work, or if the proposed
accommodation conflicts with another law or regulation.
- Employers must permit
employees to engage in religious expression if employees are
permitted to engage in other personal expression at work,
unless the religious expression would impose an undue
hardship on the employer. Therefore, an employer may not
place more restrictions on religious expression than on
other forms of expression that have a comparable effect on
workplace efficiency.
- Employers must take steps to
prevent religious harassment of their employees. An employer
can reduce the chance that employees will engage unlawful
religious harassment by implementing an anti-harassment
policy and having an effective procedure for reporting,
investigating and correcting harassing conduct.
It is also unlawful to retaliate
against an individual for opposing employment practices that
discriminate based on religion or for filing a discrimination
charge, testifying, or participating in any way in an
investigation, proceeding, or litigation under Title VII.
Statistics
In Fiscal Year 2004, the The EEOC
received 2,466 charges of religious discrimination. EEOC
resolved 2,676 religious discrimination charges and recovered
$6.0 million in monetary benefits for charging parties and other
aggrieved individuals (not including monetary benefits obtained
through litigation).

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