When it comes to Religion in the workplace Employers, HR professionals, and Managers have a duty to honor each and every religion his or her employee chooses.Because of our country’s great diversity employers may hire from a great variety of countries and different religious backgrounds. In a picture perfect work environment, the religious beliefs of a given employee, or employer, do not create conflicts.
Either is free to believe as he or she chooses as long as the works get done satisfactorily, neither will encounter difficulty on basis of religion. Yet, in the real world, a number of issues can arise to bring about friction. An employer or employee may discuss, or even argue over religious principles.Various religions is different in many ways for example style of dress, manner of keeping or wearing one’s hair, or even trying to recruit others to their faith, trying different diets, praying fasting, avoiding certain languages or behavior, and observing certain religious holidays.
Put simply, the many characteristics of different religious provide ample ground for disagreement, conflict, or even harassment among employers and employees.To have control over this every business should have a policy in place that’s protects its employees form certain conflict and discrimination in the workplace. Supporting a employees religion can ultimately lead to better productivity from that individual. If every employee are fully knowledgeable and aware of the company polices it may cut back of confrontations between employees and even keep the environment safe.The HR department should conduct a detailed interview with a new employee and be aware of his or her religion. During this process the HR personnel can also introduce that new employee to the policies, and also the guidelines concerning their religion policies as well.
At this point any and all questions should be addressed and the new employee should have a understanding of how he or she should fit their religion in with their job.Spirituality does not cease just because you clock in at work, many religions calls for worship all throughout the day. This may be new or even strange to fellow employees because they may not understand ones religion therefore conflict or maybe discrimination may arise due to this fact.When a new employee is hired he or she should be asked by the HR department what religion they practice so therefore it can be put out and made known to other employees, and this can cut down on the unknown part. This will also make that new employee more at ease and relaxed and may lead to better productivity from that individual.Religion in the WorkplaceBecause of our country's great diversity, employers may hire employees from a great variety of countries and religious backgrounds.
In an ideal work environment, the religious beliefs of a given employee, or of the employer, do not create conflicts.Either is free to believe as he or she chooses and, as long as the work gets done satisfactorily, neither will encounter difficulty on the basis of religion. Yet, in the real world, a number of issues can arise to create friction. An employer and employee may discuss, or even argue over, religious principles. What's more, religion is not simply a matter of belief.
The faithful practice their religion through various actions -- styles of dress, manner of keeping or wearing one's hair, trying to recruit others to their faith, following certain diets, praying, fasting, avoiding certain language or behavior, and observing certain religious holidays. Put simply, the many characteristics of different religions provide ample ground for disagreement, conflict, or even harassment among employers and employees.Religion, Employment, and Anti-Discrimination LawsThe First Amendment establishes certain boundaries in terms of government establishment of religion and the individual's right to free exercise of a chosen religion. In the private sector, the matter of religion is governed by state and federal civil rights laws.
The primary statute in this area is Title VII of the Civil Rights Act of 1964.Title VII prohibits private employers from discriminating on several bases, including race, color, religion, sex, or national origin. Various state laws also prevent discrimination. The courts have recognized various forms of prohibited discrimination, including disparate treatment, disparate impact, and a hostile environment.
Disparate Treatment DiscriminationDisparate treatment is an overt form of discrimination, involving unequal treatment on the basis of an employee's religion. An employer with a policy of refusing to hire or to promote (or only hiring and promoting) members of a particular religion would commit this form of discrimination.Some employers whose business purpose is religious in nature may be permitted to require certain employees to adhere to a particular faith. Courts will look closely, however, at the legitimacy of the employer's requirement for the position.Disparate Impact DiscriminationA more subtle form of discrimination arises through disparate impact. An employer discriminating in this way has no express policy for treating one or more religious groups unequally.
Instead, a policy that makes no mention of a particular religion still functions to discriminate by affecting only certain religious groups.For example, a rule that forbade men from wearing any form of hat or other clothing on their heads during the business day might conflict with the dress rules of a particular religion that requires headwear be worn in public.Hostile Work Environment DiscriminationThe third form of discrimination occurs when the employer maintains (or allows) a hostile environment for employees of particular faiths. Typically, this arises where co-workers harass an employee on the basis of his or her faith, to the point of creating an abusive or intimidating work environment.
The harassment must be severe or pervasive in order to constitute discrimination under a hostile work environment theory.Thus, a simple disagreement over religious principles would probably not constitute unlawful harassment. Severe insults or threats, or continuing words and actions meant to harass or intimidate an employee on the basis of religion, however, may cross the line of lawful conduct. The employer is culpable if it knew or should have known of the illegal harassment.
Duty to Accommodate an Employee's ReligionWhile employers have a duty to accommodate the religious beliefs of their employees, the employer does have some leeway in how it conducts its business. There is a point where the changes that are required to accommodate an employee become too burdensome on the employer.Most likely, a request by an employee to trade shifts when his or her faith prevents working on Saturdays is likely to be reasonable. However, less reasonable might be a request that an employee have a particular holy month off each year. Whether an employer's policy that limits the conduct of members of a particular faith is unreasonable depends on the circumstances.For example, a restaurant owner may require its cooks to wear hairnets or short hair, even if this creates an inconvenience for members of a faith that does not allow them to cut their hair.
A job may also have certain qualifications or requirements that have the effect of limiting participation by a particular religious faith. A radio station that played rock and roll music, for example, would be allowed to fire a disc jockey who refused to play rock and roll because it was against his religion.Religious Discrimination in the Workplace - Legal HelpReligion is a matter of belief and practice, and religious beliefs will rarely affect the duties of our employment. Yet the faithful also practice their religion, discussing it with others within and without their faith, and conducting themselves according to its principles. Federal and state law requires that employees not be treated unfairly on the basis of religion.
If you feel that you may be the victim of religious discrimination in the workplace, contact an employment law attorney to discuss your situation and protect your legal rights.
