Compliance Manual Section 1. Religious Discrimination DIRECTIVES TRANSMITTALNumber. EEOC 7/2. 2/2. 00. SUBJECT: EEOC COMPLIANCE MANUALPURPOSE: This transmittal covers the issuance of Section 1. Compliance Manual on “Religious Discrimination.” The section provides guidance and instructions for investigating and analyzing charges alleging discrimination based on religion. Philbrook and Religious Accommodation; Appendix B, Policy Guidance On .

It also replaces the following policy documents: Religious Organizations that Pay Women Less than Men in Accordance with Religious Beliefs; Religious Organization Exemption Under Title VII of the Civil Rights Act of 1. Policy Statement on Goldman v.

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Weinberger (Accommodation of the Wearing of Religious Dress). The Commission’s Guidelines on Discrimination Because of Religion, 2. C. F. R. Part 1. 60. Earp. Chair. SECTION 1. RELIGIOUS DISCRIMINATIONPrintable version (PDF)OVERVIEW1. I  COVERAGEDefinitions.

Religion. Sincerely Held. Employer Inquiries into Religious Nature or Sincerity of Belief. NOTE TO EEOC INVESTIGATORSCovered Entities. Exceptions. Religious Organizations. Microsoft Streets And Trips 2006 CD1. Ministerial Exception. II EMPLOYMENT DECISIONSGeneral. Recruitment, Hiring, and Promotion.

Discipline and Discharge. Compensation and Other Terms, Conditions, or Privileges of Employment. Customer Preference. Security Requirements. Bona Fide Occupational Qualification. Employer Best Practices. III HARASSMENTProhibited Conduct.

Religious Coercion That Constitutes a Tangible Employment Action. Hostile Work Environment.

Based on Religion. Unwelcome. Severe or Pervasive. Employer Liability.

Harassment by Supervisors or Managers. Harassment by Co- Workers.

Harassment by Non- Employees. Special Considerations for Employers When Balancing Anti- Harassment and Accommodation Obligations With Respect to Religious Expression. Employer Best Practices. Employee Best Practices.

IV REASONABLE ACCOMMODATIONReligious Accommodation. Notice of the Conflict Between Religion and Work. Discussion of Request. What is a “Reasonable” Accommodation? Undue Hardship. Case- by- Case Determination.

More than “De Minimis” Cost. Seniority Systems and Collectively Bargained Rights. Co- worker Complaints. Security Considerations. Common Methods of Accommodation in the Workplace. Scheduling Changes.

Voluntary Substitutes and Shift Swaps. Change of Job Tasks and Lateral Transfer. Modifying Workplace Practices, Policies and Procedures. Dress and Grooming Standards.

Use of Employer Facilities. Tests and Other Selection Procedures. Providing Social Security Numbers.

Excusing Union Dues or Agency Fees. Permitting Prayer, Proselytizing, and Other Forms of Religious Expression.

Effect on Workplace Rights of Co- Workers. Effect on Customers. Employer- Sponsored Programs.

NOTE TO EEOC INVESTIGATORSEmployer Best Practices. Employee Best Practices. V RELATED FORMS OF DISCRIMINATIONNational Origin and Race. Retaliation. Employer Best Practices. APPENDIX AAPPENDIX BSECTION 1. RELIGIOUS DISCRIMINATIONOVERVIEW.

Definitions. Overview:  Religion is very broadly defined under Title VII. Religion. Title VII defines “religion” to include “all aspects of religious observance and practice as well as belief.”. The following examples illustrate these concepts: EXAMPLE 1. Employment Decisions Based on “Religion”An otherwise qualified applicant is not hired because he is a self- described evangelical Christian. EXAMPLE 2. Religious Practice versus Secular Practice. A Seventh- day Adventist employee follows a vegetarian diet because she believes it is religiously prescribed by the scriptural passage “. Employer Inquiries into Religious Nature or Sincerity of Belief.

Because the definition of religion is broad and protects beliefs and practices with which the employer may be unfamiliar, the employer should ordinarily assume that an employee’s request for religious accommodation is based on a sincerely- held religious belief. In some cases, the CP’s credible testimony regarding his belief or practice will be sufficient to demonstrate that it is religious. However, if the CP believes such evidence will support his or her claim, the investigator should seek evidence such as oral statements, affidavits, or other documents from CP’s religious leader(s) if applicable, or others whom CP identifies as knowledgeable regarding the religious belief or practice in question. Title VII’s prohibitions apply to employers, employment agencies, and unions. Exceptions. 1. Religious Organizations. Under Title VII, religious organizations are permitted to give employment preference to members of their own religion.?

EXAMPLE 7. Sex Discrimination Not Excused. Justina works at Tots Day Care Center. Ministerial Exception. Courts have held, based on First Amendment constitutional considerations, that clergy members cannot bring claims under the federal employment discrimination laws, including Title VII, the Age Discrimination in Employment Act, the Equal Pay Act, and the Americans with Disabilities Act, because “.

Recruitment, Hiring, and Promotion. Employers that are not religious organizations may neither recruit individuals of a particular religion nor adopt recruitment practices, such as word- of- mouth recruitment, that have the purpose or effect of discriminating based on religion. He was rejected in favor of a non- Buddhist candidate who was less qualified. The vice president’s statement, combined with the lack of any legitimate non- discriminatory reason for selecting the less qualified candidate, as well as the evidence that Darpak was the best qualified candidate for the position, suggests that the proffered reason was a pretext for discrimination against Darpak because of his.

Discipline and Discharge. Title VII also prohibits employers from disciplining or discharging employees because of their religion. On the other hand, Yusef, a newly hired clerk who is Muslim, is disciplined by Donald for arriving 1. Donald. knows it is due to his attendance at services at the local Mosque. Compensation and Other Terms, Conditions, or Privileges of Employment. Title VII prohibits discrimination on a protected basis “with respect to . Customer Preference.

If an employer takes an action based on the discriminatory preferences of others, including co- workers or clients, the employer is unlawfully discriminating. EXAMPLE 1. 4Employment Decision Based on Customer Preference. Harinder, who wears a turban as part of his Sikh religion, is hired to work at the counter in a coffee shop. Harinder’s termination based on customer preference would violate Title VII regardless of whether he was Muslim, Sikh, or any other religion. C. Hostile Work Environment. Title VII’s prohibition against religious discrimination can also be violated if the employee is subjected to a hostile work environment because of religion. Based on Religion.

To support a religious harassment claim, the adverse treatment must be based on religion. Unwelcome. To be unlawful, harassing conduct must be unwelcome.

Severe or Pervasive. Even unwelcome religiously motivated conduct is not unlawful unless “the victim . Is that a beanie?” and “Do they come in different colors?” Although the co- worker’s comments about his yarmulke were insensitive, they were not sufficiently severe or. Marvin. Shortly after the terrorist attacks on September 1. Ihsaan came to work and found the words “You terrorists go back where you came from! Employer Liability.

Overview:  An employer is always liable for a supervisor’s harassment if it results in a tangible employment action. Harassment by Supervisors or Managers. Employers are automatically liable for supervisory harassment that results in a tangible employment action such as a denial of promotion, demotion, discharge, or constructive discharge. All employees were aware of it, because XYZ widely and regularly publicized it. Harassment by Co- Workers. An employer is liable for harassment by co- workers where it: knew or should have known about the harassment, andfailed to take prompt and appropriate corrective action.

Harassment by Non- Employees.