Religous Freedom in the Workplace - What You Must Do To Protect Your Employees -- and Your Company After the terrorist attacks of Sept. 11, 2001, some Muslim employees were harassed when they prayed in groups at prescribed times during the day. This prompted many employers to create and begin enforcing policies to protect religious freedom and prevent religious-based harassment in their workplaces. But employers should first familiarize themselves with Title VII of the Civil Rights Act of 1964. Twin Duties Title VII requires employers to: o Provide workplaces free from religious harassment, discrimination, intimidation and insult, and o Accommodate employees’ sincerely held religious beliefs -- unless accommodation would impose an undue hardship on the company. Employers that fail to protect employees’ religious freedom under these twin duties risk Title VII lawsuits, fines, and compensatory and punitive damages. Protected Expressions of Faith Religious expression can take various forms, including praying before meals; wearing distinctive clothing, jewelry or facial hair; staying home on religious holidays or leaving early on the Sabbath; keeping religious material in the work space; and discussing religion informally with co-workers. Employers must reasonably accommodate these expressions of faith. But religious expression is no longer protected if it becomes disruptive -- such as excessive proselytizing or persistent religious slurs. In fact, disruptive conduct can be grounds for discipline or even discharge if it creates a hostile or abusive work environment. Examples of religious harassment might include placing biblical verses in an employee newsletter, broadcasting prayers over a company’s public address system or turning one’s office cubicle into a shrine. Twin Freedoms In some cases, an employee’s freedom of religious expression may conflict with another employee’s freedom from harassment. For example: a worker who disrupts productivity by continually proselytizing co-workers. What, then, is the employer’s duty? To protect the proselytizer’s freedom of expression or other workers’ freedom from harassment? This kind of situation can be difficult to deal with, because employers must balance their responsibilities under Title VII’s twin freedoms. Most would agree the proper response would include a thorough investigation, followed by counseling employees as to their respective rights and responsibilities and clarifying where one worker’s space ends and another’s begins. Before taking action, seek advice from your attorney. Reasonable Accommodation Title VII requires employers to “reasonably accommodate” their employees’ religious beliefs, unless doing so would impose an “undue hardship” on the company. What constitutes reasonable accommodation and undue hardship depends on each situation’s facts. Many employers would agree, for example, that letting a worker leave early on Fridays to observe the Jewish Sabbath and make up the time later doesn’t constitute undue hardship for the company. But what if that employee were responsible for backing up the employer’s electronic data systems every Friday? Another example: Permitting a worker to grow a beard for religious reasons might seem reasonable in many settings -- but not if it prevents him from wearing a required face mask or respirator. Undue Hardship If accommodating a worker’s religious practices would disrupt other employees, hurt productivity or substantially cost the company, it may be considered an undue hardship. The U.S. Supreme Court has ruled that incurring anything more than “minimal” costs can cause undue employer hardship. Handling Complaints Suppose one or more employees complains of religious harassment or discrimination -- or that the employer hasn’t made a reasonable attempt at accommodation. The employer is obliged to: o Meet with complainants, o Investigate their complaints, o Seek suggestions for resolving the problem, o Make reasonable efforts to remedy complaints, and o Take appropriate corrective or disciplinary action. If harassment or discrimination continues, or employees are still unhappy with accommodation attempts, they may file complaints with the U.S. Equal Employment Opportunity Commission. Establish a Policy Following recent Supreme Court decisions, most employers have established antiharassment policies covering topics such as sex, disability, age and national origin. Employers should also include religious harassment. To minimize conflicts over what kinds of accommodations are reasonable, you can also distribute a religious-practice policy. The policy should define what you consider appropriate expressions of religious beliefs in your workplace and what kinds of accommodations you’re willing to make. Explain that employees who wish to take advantage of the policy must inform you -- in advance -- of any religious commitments and needs that will affect their job responsibilities. Ask your attorney to review your policy before you distribute it. Contact | Legal Disclaimer