Religious Discrimination In The Workplace

Keaney Law image: Religious discrimination

Generally, religious discrimination in the workplace may arise from two (2) sources.

First, an employee may ask an employer to waive or adjust work requirements or schedules in order to accommodate the employee's religious obligation. If the employer denies the accommodation, the employee may have a claim for religious discrimination.

Second, an employee may claim a religious obligation to affirm in the workplace the employee's religious beliefs, even when this behavior may conflict with anti-harassment or diversity policies. Again, the employer is required to accommodate the employee's religious obligation unless doing so would cause an undue hardship. If the employer denies the accommodation, the employee may have a claim for religious discrimination.

What this means is that an employer may not enforce anti-harassment or diversity policies in knee-jerk fashion when confronted by an employee who, on the basis of sincere religious belief, proselytizes or openly espouses beliefs that are at odds with such policies. The employer must make an effort to accommodate the employee's religious beliefs. And although an employer may discipline an employee who goes too far, the employer also may be forced to tolerate religiously based behavior that runs counter to the workplace culture the employer is trying to create.

The question, of course, is what is "too far" and what an employer must tolerate on the basis of religious accommodation. Unsurprisingly, there are no bright lines, but there are general, common-sense parameters.

Thus, while persistent and relentless proselytizing that interferes with the proselytizer's own work duties and the work duties of co-employees goes too far, greeting fellow employees or customers with "Praise the Lord," "Merry Christmas," or "God bless you" does not. And while posting or displaying religious items in one's own cubicle is likely okay, demanding that an employer remove its posters on equal employment rights regardless of sexual orientation is not.

The point is that, although there is no bright line for employees or employers (or the courts), the general parameters are clear. If the religious expression does not interfere with work duties and does not require the employer to violate core employment policies relating to discrimination, the employer likely will be required to accommodate the religiously based expression.

And, as is true for all employment discrimination, an employee who makes a complaint about religious discrimination or failure to accommodate religious expression may not be retaliated against by the employer. Such retaliation constitutes a claim in its own right, with the same remedies available as are available for a claim of religious discrimination itself.

Disclaimer: This article is published by the Law Office of Kevin Keaney for those working or interested in employment and labor law. The articles are intended to supply general legal information and are not intended to be a substitute for legal representation or advice.

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