The attorneys at Nardone Limited regularly assist our clients with labor employment and human resource issues, including providing guidance on preventing and responding to discrimination and harassment charges filed with the Equal Employment Opportunity Commission (“EEOC”) or the Ohio Civil Rights Commission (“OCRC”). Our prior articles regarding: (i) How to establish and enforce harassment policies; (ii) How to prevent claims of harassment; (iii) How to respond to a harassment complaint; (iv) What documentation should be maintained during an investigation; and (v) EEOC statistics for 2014, are helpful to supplement the discussion on religious discrimination and accommodation in the workplace. Due to the recent increase in religious discrimination charges submitted to the EEOC, employers should be aware of their legal obligations as an employer to make accommodations for religious purposes and to refrain from discriminatory conduct.
Overview of the Law
Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq., as amended (“Title VII”), makes it unlawful for an employer, with at least 15 employees, to fail or refuse to hire or to discharge any individual, or otherwise discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, based on the individuals race, color, religion, sex, or national origin. Ohio and other states have anti-discrimination laws similar to Title VII. In Ohio, “employer” includes any person or entity employing four or more persons acting directly or indirectly in the interest of the employer. O.R.C. § 4112.01(A)(2). Title VII and state anti-discrimination laws protect all aspects of religious observance, practice, and belief, and define religion very broadly to include not only traditional organized religion, but also religious beliefs that are: (i) new; (ii) uncommon; (iii) not part of a formal church or sect; (iv) only subscribed to by a small number of people; or (v) seemingly illogical or unreasonable to others. For a religious discrimination case to arise, an employee or applicant must show that: (i) the applicant or employee had a sincere religious belief that conflicted with an employment requirement; (ii) the employer was aware of the belief; and (iii) the applicant or employee suffered a detriment for their failure to comply with the employment requirement. Ansonia Bd. of Educ. V. Philbrook, 479 U.S. 60, (1986).
Accommodating Religious Beliefs and Practices
Employers must reasonably accommodate an employee or an applicant’s sincerely-held religious practices, unless it would create an undue hardship on the employer. 42 U.S.C. §2000e(j). This includes accommodating for religiously-mandated dress and grooming practices. The request for an accommodation may vary based on the applicant’s or employee’s religious belief or practice. For example, an employee or applicant may request a particular day off for a religious holiday or may request a place to pray. Furthermore, the EEOC has provided examples of religious dress and grooming practices that may require an employer to make an accommodation. These practices include: wearing a Christian cross, a Muslim hijab, or a Sikh turban; observing a religious prohibition against wearing certain garments; or adhering to shaving or hair length observances.
Nardone Limited Comment: In addition to this article we will be following up with two more articles on religious discrimination in the workplace. The first article will expand on this article by explaining the meaning of “sincerely-held religious belief,” and what is regarded as an “undue hardship” on the employer. In the second article we will explain how an employer may be liable for disparate treatment, harassment, segregation, and retaliation in the workplace.
Contact Nardone Limited
Nardone Limited has conducted many discrimination and harassment investigations for clients and has also defended clients against discrimination or harassment charges filed with the EEOC or the OCRC. A discrimination charge could be the result of a disgruntled current or former employee seeking revenge. All employers must ensure that they are complying with federal and state anti-discrimination laws, including: (i) establishing and enforcing anti-harassment and anti-discrimination policies and procedures; (ii) providing the necessary training on such policies; and (iii) addressing related complaints promptly, thoroughly, and sufficiently to defend against potential discrimination charges or litigation and related liability. If you would like more information on the EEOC or the OCRC, or need advice or representation in an employment dispute, contact one of our employment attorneys.
