|
EEO
TIP:
|
|
HOW
TO AVOID RELIGIOUS DISCRIMINATION CHARGES
|
| |
| The United States has become an increasingly diverse
nation, both ethnically and religiously. There are now as many Muslims
as Jews, more Buddhists than Episcopalians, and more Hindus than
Disciples of Christ in the United States. This burgeoning religious
diversity presents a challenge to employers who are subject to the
strictures of the federal employment statutes but who also must
operate their business in an efficient, orderly manner. While in
the past, the most common religious accommodation involved "Sabbath
Day" observances, it is likely that employers are now facing
accommodation requests involving religious dress codes, special
head attire, facial hair and daily prayer rituals. |
| As a threshold matter it might be well to review what is required
by federal law with respect to religious accommodation. Title VII
of the Civil Rights Act of 1964, as amended, makes it unlawful for
employers to " fail or refuse to hire or to discharge any individual
or otherwise to discriminate against any individual with respect
to compensation, terms, conditions, or privileges of employment,
because of such individual's.... religion." |
| Furthermore, Title VII requires employers "to reasonably
accommodate...an employee's or prospective employee's religious
observance or practice" unless such accommodation would impose
an "undue hardship on the conduct of the employer's business."
An employer need not incur more than "de minimis" costs
in providing an accommodation. However, the employer's hardship
must be real rather than speculative or hypothetical. Also, if an
employer regularly permits accommodation for nonreligious purposes,
it cannot deny comparable accommodation for religious purposes. |
| |
|
Tips on Hiring and Selection
Procedures
|
| The main Title VII hurdle to overcome during the selection process
is the prohibition against pre-offer inquiries concerning the need
for an accommodation. Under existing case law an employer cannot
ask an applicant for such information and an applicant is not required
to provide it voluntarily. To minimize the probability that a violation
will be found, employers who have a legitimate interest in knowing
the availability of prospective employees should state the normal
or specific work hours for the job and ask the applicant whether
s/he is available to work those hours. If the applicant is otherwise
acceptable, then accommodation regarding work schedule is not an
issue. If the applicant cannot work the schedule for religious reasons,
the employer must consider whether reasonable accommodation is possible.
|
|
If the applicant is rejected because the employer determines
that no accommodation can be made, the key issue is narrowed to
whether or not any accommodation would have resulted in "undue
hardship" on the employer. This should work to the employer's
advantage since the "de minimus" standard of cost is
relatively low and, thus, easy to show.
|
| This article was prepared by Jerome C. Rose, EEO Consultant
for the Law Firm of Lehr Middlebrooks Price & Proctor, P.C.
Prior to his association with the firm, Mr. Rose served for over
22 years as the Regional Attorney for the Birmingham District Office
of the EEOC. As Regional Attorney Mr. Rose was responsible for all
litigation by the EEOC in the states of Alabama and Mississippi |
|
| Overtime
Requirements |
|
Although
the FLSA has been in effect for some sixty-five years, ,many
employers still do not understand the overtime requirements
of the Act.
|
| MORE
>> |
|
|
Reasonable
vs. Unreasonable Accommodations
|
|
Let's
talk education! As an Industry Professional, I'm sure you
think about education in some form everyday...
|
| MORE
>> |
|
|
How
To Avoid Religious Discrimination Charges
|
| The
United States has become an increasingly diverse nation, both
ethnically and religiously. |
| MORE
>> |
|
|
