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NOAA Civil Rights Office
Facts About Religious Discrimination
Document Source:
The U.S. Equal Employment Opportunity Commission
Title VII of the Civil Rights Act of l964
prohibits employers from discriminating against individuals because of
their religion in hiring, firing, and other terms and conditions of employment.
The Act also requires employers to reasonably accommodate the religious
practices of an employee or prospective employee, unless to do so would
create an undue hardship upon the employer (see also 29 CFR l605). Flexible
scheduling, voluntary substitutions or swaps, job reassignments and lateral
transfers are examples of accommodating an employee's religious beliefs.
Employers cannot schedule examinations or other selection activities
in conflict with a current or prospective employee's religious needs, inquire
about an applicant's future availability at certain times, maintain a restrictive
dress code, or refuse to allow observance of a Sabbath or religious holiday,
unless the employer can prove that not doing so would cause an undue hardship.
An employer can claim undue hardship when accommodating an employee's
religious practices if allowing such practices requires more than ordinary
administrative costs. Undue hardship also may be shown if changing a bona
fide seniority system to accommodate one employee's religious practices
denies another employee the job or shift preference guaranteed by the seniority
system.
An employee whose religious practices prohibit payment of union dues
to a labor organization cannot be required to pay the dues, but may pay
an equal sum to a charitable organization.
Mandatory "new age" training programs, designed to improve
employee motivation, cooperation or productivity through meditation, yoga,
biofeedback or other practices, may conflict with the non-discriminatory
provisions of Title VII. Employers must accommodate any employee who gives
notice that these programs are inconsistent with the employee's religious
beliefs, whether or not the employer believes there is a religious basis
for the employee's objection.
Document Source: The U.S. Equal Employment Opportunity Commission
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