These commenters requested that the Commission withdraw rather than finalize the proposed guidance. 2003) ([F]or these purposes, . 2002). In addition, the obligation to provide reasonable accommodation absent undue hardship is a continuing obligation. Mere subjective offense or disagreement with unpopular religious views or practices by coworkers is not sufficient to rise to the level of unlawful harassment. The interviewer does not advise her that there is a dress code prohibiting head coverings, and Aatma does not ask whether she would be permitted to wear the headscarf if she were hired. See 42 U.S.C. [11] Masterpiece Cakeshop, Ltd. v. Colo. Civil Rights Commn, 138 S. Ct. 1719, 173132 (2018) (holding that a state administrative agencys consideration of bakers First Amendment free exercise claim opposing alleged violation of public accommodations nondiscrimination law violated the States duty under the First Amendment not to base laws or regulations on hostility to a religion or religious viewpoint and apply laws in a manner that is neutral toward religion); Epperson v. [302] However, other courts have found undue hardship where religiously oriented expression was used in the context of a regular business interaction with a client. Hosp., 671 F.2d 141, 146 (5th Cir. Cal. [120] See, e.g., Knight v. Conn. Dept of Pub. For ease of reference this document is organized by the following topics: Title VII prohibits covered employers, employment agencies, and unions[14] from engaging in disparate treatment and from maintaining policies or practices that result in unjustified disparate impact based on religion. 1984). Of course, if allowing a swap or other accommodation would not provide the coverage the employer needs for its business operations or otherwise pose an undue hardship, the accommodation does not have to be granted. Where the accommodation request itself does not provide enough information to enable the employer to make a determination, and the employer has a bona fide doubt as to the basis for the accommodation request, it is entitled to make a limited inquiry into the facts and circumstances of the employees claim that the belief or practice at issue is religious and sincerely held, and that the belief or practice gives rise to the need for the accommodation. [R]eligious organizations may engage in secular activities without forfeiting protection under the Title VII statutory exemption. 1978) (observing that the very words of the statute . When he persisted even after she told him that he had crossed the line and should stop having non-work-related conversations with her, the conduct was clearly unwelcome.[167]. If both brothers file EEOC charges challenging the denials of their accommodation requests, the EEOC likely will not find reasonable cause in Patricks case because the prisons denial of his request was based on legitimate, evidence-based security considerations posed by the particular religious garb sought to be worn. As noted in 12II-A-3 and 12III-C of this document, prayer, proselytizing, and other forms of religious expression do not solely raise a religious accommodation issue but may also raise intentional discrimination or harassment issues. (These counts include all countries in which the sources used for this study report at least one incident of any type of harassment. Several employees complain that to accommodate their non-Christian religious beliefs, the employer should take down the wreaths and tree, or alternatively should add holiday decorations associated with other religions. In 2018, government restrictions rose in most regions, but social hostilities declined, 1. [190] Ellerth, 524 U.S. at 765; Faragher, 524 U.S. at 807. 2012) (finding that the school had waived its ministerial exception defense on appeal by not sufficiently arguing it in its brief). . See Commission Decision No. . The Commission disagrees with that decision and believes the better interpretation of Title VIIs antiretaliation provision is that requests for religious accommodations are protected activity under that provision as well. Their supervisor allows Eve to retain the Bible but directs Xavier to put the Quran out of view because, he states, coworkers will think you are making a political statement, and with everything going on in the world right now we dont need that around here. This differential treatment of similarly situated employees with respect to the display of a religious item at work constitutes religious discrimination.[137]. of Trs. . part of our happy tradition of avoiding unnecessary clashes with the dictates of conscience.) (citation omitted); cf. Others may seek to proselytize by engaging in one-on-one discussions regarding religious beliefs or distributing literature. compensation, terms, conditions, or privileges of employment); Draper v. U.S. Most of the religious groups analyzed individually Christians, Muslims, Hindus, Buddhists and the religiously unaffiliated faced harassment in more countries from governments and public officials than from private actors, such as social groups or individuals. But when an applicant requires an accommodation as an aspec[t] of religious . [7] See, e.g., Cooper v. Gen. Dynamics, Convair Aerospace Div., 533 F.2d 163, 168 (5th Cir. [204] Compare Trans World Airlines, Inc. v. Hardison, 432 U.S. 63, 84 (1977) (interpreting Title VII undue hardship standard), with 42 U.S.C. 1975) (ruling that where a transfer would adversely affect employee because, inter alia, it would involve a substantial reduction in pay, employer first must attempt to accommodate the employee within his current job classification, and transfer may be considered as a last resort only if no such accommodation is possible, or if it would impose an undue hardship upon the employer); see also Commission Guidelines, 29 C.F.R. 2001) (holding that state agency did not violate either Title VII or the First Amendment Free Exercise Clause by refusing to allow employee to evangelize clients of state agency while performing job duties; in addition, employer would have risked First Amendment Establishment Clause violation by permitting the accommodation); cf. Modifying Workplace Practices, Policies and Procedures, d. Objections to Providing Social Security Numbers or Complying with Employer Identification Procedures, 6. Compare Hankins v. Lyght, 441 F.3d 96, 103 (2d Cir. Dist., 259 F.3d 678, 693 (7th Cir. See supra 12II-B.[287]. 3d 1106, 1128 (D. Colo. 2017) (ruling that because employer took adequate action to address plaintiffs complaints that she was being pressured and treated unfairly by her supervisor for refusing to continue attending the supervisors Bible study and other church activities, plaintiff could not prevail on harassment claim). 95B2414, 1997 WL 458489, at *8 (D. Colo. Apr. 2010) (holding that county clerks office employee could proceed with denial of accommodation and discriminatory termination claim arising from her religious refusal to process same-sex domestic partnership registration paperwork). [122] See, e.g., Hobby Lobby, 573 U.S. at 733 (rejecting the possibility that discrimination in hiring, for example on the basis of race, might be cloaked as religious practice to escape legal sanction under RFRA, and stating that the decision provides no such shield); EEOC v. R.G. Sec. Religious harassment involves unwelcome and religiously offensive conduct in the workplace. 2004) (ruling that jury properly found hostile work environment where supervisor repeatedly insulted plaintiff, mocked his religious beliefs, and threatened him with violence); cf. [139] See infra 12-IV. [12] In fiscal year 2019, EEOC received 2,725 religious discrimination charges, accounting for 3.7% of all charges filed with the Commission that year. Charges involving religion, like charges filed on other bases, may give rise to more than one theory of discrimination (e.g., termination, harassment, denial of reasonable accommodation, or other forms of disparate treatment, as well as retaliation). The Commission believes its approach to this issue is straightforward and in keeping with the purpose of Title VIIs accommodation requirement. [198] Therefore, while Title VII requires employers to accommodate an employees sincerely held religious belief in engaging in religious expression (e.g. 2006) (Thus, we will not apply Title VII to [plaintiffs sex discrimination] claim because Congress has not demonstrated a clear expression of an affirmative intention that we do so in situations where it is impossible to avoid inquiry into a religious employer's religious mission or the plausibility of its religious justification for an employment decision.); DeMarco, 4 F.3d at 170-71 ([T]he [McDonnell Douglas] inquiry is directed toward determining whether the articulated purpose is the actual purpose for the challenged employment-related action.); EEOC v. Miss. 2001) (finding that employer was not liable for alleged sexual harassment of its female employee by a male contractor because it promptly investigated the allegations, requested a change in the contractors shift so that he would not have contact with the employee, and asked that all contractors be required to view sexual harassment training video). However, these provisions are referenced throughout this document to illustrate how they arise in Title VII cases and how courts have analyzed them. For example, a Vodou practitioner in Haiti was killed after he provided treatment to an ill woman who later died.39, Other religious groups beyond those separately analyzed above including Bahais, Scientologists, Sikhs, Rastafarians and Zoroastrians experienced government harassment in twice as many countries as they faced social hostilities (50 countries vs. 25). Religious observances or practices include attending worship services, praying, wearing religious garb or symbols, displaying religious objects, adhering to certain dietary rules, proselytizing or other forms of religious expression, or refraining from certain activities. 1996) (holding that Catholic Filipino employee made out a prima facie case of national origin and religious discrimination). . [107] Sterlinski v. Cath. 2006) ([T]he shift change offered to Baker was no accommodation at all because, although it would allow him to attend morning church services, it would not permit him to observe his religious requirement to abstain from work totally on Sundays.); cf. [51] See Commission Guidelines, 29 C.F.R. [18] Religion includes not only traditional, organized religions such as Christianity, Judaism, Islam, Hinduism, Sikhism, and Buddhism, but also religious beliefs that are new, uncommon, not part of a formal church or sect, only subscribed to by a small number of people, or that seem illogical or unreasonable to others. (Jewish people make up just 0.2% of the worlds population.) There was a relatively small drop in perceived religion-based harassment reported by Muslim respondents from 61% last year to 57% this year. [292] See, e.g., Yeager v. FirstEnergy Generation Corp., 777 F.3d 362, 363-64 (6th Cir. Commissioner Charges and Directed Investigations, Office of Civil Rights, Diversity and Inclusion, Management Directives & Federal Sector Guidance, Federal Sector Alternative Dispute Resolution, https://www.whitehouse.gov/wp-content/uploads/2019/10/M-20-02-Guidance-Memo.pdf, https://www.eeoc.gov/statistics/religion-based-charges-charges-filed-eeoc-fy-1997-fy-2019, https://clintonwhitehouse4.archives.gov/WH/New/html/19970819-3275.html, https://www.hhs.gov/sites/default/files/uvmmc-nov-letter_508.pdf, https://www.osha.gov/enforcement/directives/std-01-06-005, www.eeoc.gov/eeoc/publications/qa_religious_garb_grooming.cfm, https://www.eeoc.gov/laws/guidance/enforcement-guidance-retaliation-and-related-issues. . She asked the hospital to accommodate her religious beliefs by allowing her to trade assignments with other nurses in the Labor and Delivery Unit as needed. Ctr., 192 F.3d 826, 830-31 (9th Cir. One has to wonder how often an employer will be inclined to cite this expansive language to terminate or restrict from customer contact, on image grounds, an employee wearing a yarmulke, a veil, or the mark on the forehead that denotes Ash Wednesday for many Catholics. Where a lateral transfer is unavailable, an employer should not assume that an employee would not be interested in a lower-paying position if that position would enable the employee to abide by his or her religious beliefs. See Ansonia Bd. Comments or depictions of images that may be offensive to someone elses beliefs are generally not enough to constitute religious harassment. Sept. 20, 2001) (holding that employer was not liable for disciplining an employee for tardiness where the employee failed until after his discharge to explain that tardiness was because he attended a prayer service), affd on other grounds, 318 F.3d 130 (2d Cir. She is terminated for wearing a hijab over her managers objection. . Restaurant Server Excused from Singing Happy Birthday. 2011) (holding that exemption does not exempt religious organizations from Title VIIs provisions barring discrimination on the basis of race, gender, or national origin); Boyd v. Harding Acad. 1605.2(e); Nottelson v. Smith Steel Workers D.A.L.U. Your training can address many types of harassment, including sexual, religious, racial and ethnic, age and disability. 1970) (letter from retired Army officer who had known conscientious objector for more than twenty years, and letter from college president who had known him for more than ten years, were [i]mpressive backing for his claims of sincere religious belief). ; (2) to limit, segregate or classify its membership or applicants . 3d 884, 910 (S.D. 2011) (per curiam), the Ninth Circuit held that an entity is eligible for the exemption, at least, if the entity (1) is organized for a religious purpose; (2) is engaged primarily in carrying out that religious purpose; (3) holds itself out to the public as an entity for carrying out that religious purpose; and (4) does not engage primarily or substantially in the exchange of goods or services for money beyond nominal amounts. [180] See, e.g., EEOC v. Prospect Airport Servs., Inc., 621 F.3d 991, 1000 (9th Cir. [178], Isolated Comments Not Enough to Constitute Hostile Environment, Bob, a supervisor, occasionally allowed spontaneous and voluntary prayers by employees during office meetings. 18-0642, 2018 WL 5634897, at *2-4 (W.D. 2000e-1(a), provides: [Title VII] shall not apply to . 1605.2(b), require an employer to reasonably accommodate an employees or applicants religious beliefs and practices unless the employer demonstrates that doing so would pose an undue hardship. 1991) (holding that although not all Seventh-day Adventists are vegetarian, an individual adherents genuine religious belief in such a dietary practice warrants constitutional protection under the First Amendment); see Seshadri v. Kasraian, 130 F.3d 798, 800 (7th Cir. . example . 1977) (Roney, J., dissenting))); United States v. Meyers, 906 F. Supp. 1988) (Where the religious practices of employers . It will not create a serious inconsistency or otherwise interfere with an action taken or planned by another agency, nor will they materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof. Religious groups faced assaults in 79 countries (40% of those in the study) in 2020. . These forms of harassment can often take place within a workplace, at a school, or in a government agency. 12111(10)(A) (defining ADA undue hardship standard). I was going to call the security officer to tell them if they didn't stop I was calling the cops. . Killings carried out by social groups or individuals not including terrorists or parties to major armed conflicts occurred in all five regions (39 countries overall). . Thus, harassing conduct based on the employees religion is actionable when it is sufficiently severe or pervasive to create an objectively and subjectively hostile work environment. . Pa. Oct. 12, 2018) (magistrate judge report and recommendation) (reviewing cases), adopted, 2018 WL 5633994 (W.D. [247] See Tabura v. Kellogg USA, 880 F.3d 544, 558 (10th Cir. If R asserts that it did not accommodate CPs request because it would have posed an undue hardship, obtain all available evidence regarding whether and what kind of a hardship would in fact have been posed, i.e., whether the alleged burden would have been more than. As noted above, under the de minimis cost standard, if a swap or substitution would result in the employer having to pay premium wages (such as overtime pay), the frequency of the arrangement will be relevant to determining if it poses an undue hardship; the Commission will presume that the infrequent payment of premium wages for a substitute or the payment of premium wages while a more permanent accommodation is being sought are costs which an employer can be required to bear as a means of providing a reasonable accommodation.[275]. [265] Brown, 61 F.3d at 655 (Undue hardship requires more than proof of some fellow-workers grumbling. When faced with a request for a religious accommodation which cannot be promptly implemented, an employer should consider offering alternative methods of accommodation on a temporary basis, while a permanent accommodation is being explored. 1982) (finding that employees proposal to donate amount equivalent to dues to a mutually agreeable charity was reasonable accommodation that would not have posed undue hardship); EEOC v. Am. While the employer may require employees to be punctual and request approval of schedule changes in advance,[134] it may have to accommodate an employee who seeks leave or a schedule change to resolve the conflict between religious services and a work schedule, unless the accommodation would pose an undue hardship. There were enough servers on duty at any given time to perform this singing without affecting service. Nasreen explains to her manager that wearing the hijab is her religious practice and continues to wear it. to hire and employ employees of a particular religion . Logistics (IMC), Inc., 274 F.3d 470, 475 (7th Cir. The following examples illustrate these concepts: An otherwise qualified applicant is not hired because he is a self-described evangelical Christian. This can often be connected to cultural and religious persecution or prejudice and it can take a number of different forms. 2000e-3(a); see, e.g., Magden v. Easterday Farms, No. Of the five types of physical harassment measured by the study, damage to property of religious groups (or motivated by religious bias) occurred in the highest number of countries throughout the world in 2019 117 out of 198 countries, or 59%. [161] See EEOC v. Sunbelt Rentals, Inc., 521 F.3d 306, 315-19 (4th Cir. Postal Workers Union v. Postmaster Gen., 781 F.2d 772, 776-77 (9th Cir. Although Nicholas did not mention Shoshannas religion, the evidence shows that his conduct was because of Shoshannas need for religious accommodation, and therefore was based on religion.[162]. [34] Davis, 765 F.3d at 486 (quoting Tagore v. United States, 735 F.3d 324, 328 (5th Cir. 19806, 643 F.2d 445, 450-51 (7th Cir. [175] See Harris, 510 U.S. at 23 (Whether an environment is hostile or abusive can be determined only by looking at all the circumstances . 2001) (holding that allowing an employee to evangelize clients would not be reasonable because it would jeopardize the state employers ability to provide services in a religion-neutral manner); Rivera v. Choice Courier Sys., Inc., No. For examples, view the cases list. An official website of the United States government. Detentions related to religion including arrests, abductions and other types of imprisonment that were reported as having been conducted arbitrarily or without due process occurred in 79 countries and territories out of the 198 analyzed (40%). . After failing to pursue this or any other reasonable accommodation, the company is in no position to argue that it was unable to accommodate reasonably his religious needs without undue hardship on the conduct of its business.). The procedures should include a complaint mechanism that includes multiple avenues for complaint; prompt, thorough, and impartial investigations; and prompt and appropriate corrective action. The investigator should seek evidence of when, where, how, and to whom any such notice was given, and the names of any witnesses to the notification, or, absent such notice, evidence regarding whether R believed CP would require accommodation. Sch. Yes. In 2018, this studys sources continued to report harassment against religious groups either by governments or social groups and individuals in the vast majority of countries around the world (185 out of 198).29 This figure ticked down slightly from 187 the previous year, marking the first decrease since 2014 in the number of countries where harassment was observed. Dist., 507 F.3d 1097, 1100 (7th Cir. Sch. For example, in Algeria, a court denied an interfaith couples marriage application because one of them was a Christian.41. 2017) (treating unwelcomeness and subjective hostility as the same issue). 2017) (applying same test to Title VII claim of religious discrimination); Davis v. Fort Bend Cnty., 765 F.3d 480, 485 (5th Cir. "Expressing negative stereotypes regarding a persons birthplace or ancestry . 2004) (holding it was not disparate treatment under Title VII to require religious objectors to pay full amount of dues to charity where non-religious objectors were only paying agency fee to union). Ind. Neil informed his employer that he refuses on religious grounds to participate in distributing contraceptives or answering any customer inquiries about contraceptives. If the supervisors harassment does not result in tangible employment action, the employer may be able to avoid liability or limit damages by establishing an affirmative defense that includes two necessary elements: (a) the employer exercised reasonable care to prevent and correct promptly any harassing behavior, and (b) the employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer or to avoid harm otherwise. In Spencer v. World Vision, Inc., 633 F.3d 723, 724 (9th Cir. Inc., 488 F.3d 1163, 1165 (9th Cir. In this situation, the union can require him to provide additional information to support his assertion that he sincerely holds a religious conviction that precludes him from belonging to or financially supporting a union. George, a manager in an accounting firm, is an atheist who has frequently been heard to say that he thinks anyone who is deeply religious is a zealot with his own agenda and cannot be trusted to act in the best interests of the clients. [47] See, e.g., Union Independiente, 279 F.3d at 57 (fact that employee initially objected only to certain membership requirements and voiced his opposition to any form of union membership after UIA agreed to accommodate him with respect to each practice he had identified gave rise to jury issue on sincerity). Many times, harassment based on national origin involves mocking the employees accent or making stereotypical comments about people of the same national origin. In this article, we will discuss workplace harassment definition, types of workplace harassment and examples of harassment in the workplace. If Title VII and similar laws show anything, it is that Congress speaks with specificity when it intends a religious accommodation not to extend to for-profit corporations. Id. Church of Lukumi Babalu Aye, Inc. v. City of Hialeah, 508 U.S. 520, 531 (1993) (holding that although animal sacrifice may seem abhorrent to some, Santeria is religious in nature and is protected by the First Amendment); Thomas v. Rev. 1605.2(c)(2)(ii)). C041291JLR, 2005 WL 2090677, at *45 (W.D. 01 Civ.2096 (CBM), 2004 WL 1444852, at *10 (S.D.N.Y. If it appears, or if CP claims, that R based an adverse action (e.g., refusal to hire) in part on its belief that CP would need a religious accommodation, obtain any available evidence bearing on the employers motivations for the action. Unless the employer can demonstrate that no reasonable accommodation was possible absent undue hardship, this refusal to hire violates Title VII, even though Aatma did not make a request for accommodation at the interview, because the employer believed her practice was religious and that she would need accommodation, and did not hire her for that reason. 2006) (finding that employer was not liable for religious harassment of plaintiff because, upon learning of her complaints about a coworkers proselytizing, the employer promptly held a meeting and told the coworker to stop discussing religion matters with plaintiff, and there was evidence that the company continued to monitor the situation to ensure that the coworker did not resume her proselytizing). . denied, 138 S. Ct. 976 (2018). Tina specifically asked to be scheduled to work Saturdays instead. 13, 2002). [13] In general, the principles discussed in this Section apply to Title VII claims against private employers as well as to federal, state, and local public sector employers, unless otherwise noted. [277], The employee should generally be accommodated in his or her current position if doing so does not pose an undue hardship. Pa. Oct. 31, 2018). 2d 1359, 1363-64 (S.D. Kim, a server at a restaurant, informed her manager that she would not be able to join other waitresses in singing Happy Birthday to customers because she is a Jehovahs Witness whose religious beliefs do not allow her to celebrate holidays, including birthdays. 2000e-3(a), and thus that a claim that a prospective employer had wrongfully denied a Seventh-day Adventists request not to work during her Sabbath (Friday sundown to Saturday sundown) should have been brought as a disparate treatment claim under 42 U.S.C. (Aug. 28, 2019), (finding that the University of Vermont Medical Center unlawfully forced health care personnel, including nurses, to assist in abortions), https://www.hhs.gov/sites/default/files/uvmmc-nov-letter_508.pdf. . 3d 825, 838-41 (E.D. Because the more open and friendly we are to other religions and beliefs, the less we will fear them or be threatened by them. Employers should also train managers to identify alternatives that might be offered to avoid actual disruption (e.g., designating an unused or private location in the workplace where a prayer session, study, or meeting can occur if it is disrupting other workers in a different location). 2010) (ruling that apartment complex property manager could proceed to trial on claim challenging termination for violating the employers religious displays policy by refusing to remove a poster of flowers with the words Remember the Lilies . [259] Allowing voluntary substitutes and swaps does not constitute an undue hardship to the extent the arrangements do not violate a bona fide seniority system or CBA. Christians experienced government harassment in more countries than they did social harassment in every region included in the study. . Sept. 28, 2010) (holding that pattern-or-practice claim could proceed on behalf of Muslim and Sikh bus drivers, train operators, and subway station agents alleging selective enforcement of citys headwear policies and failure to accommodate Muslim and Sikh employees who could not comply for religious reasons); see also EEOC v. Am. to hire was due to an otherwise-neutral policy. (alterations in original)). [36] See EEOC v. Red Robin Gourmet Burgers, Inc., No. Sample Workplace Harassment Complaint Letter 2000e-2(e)(2). 1615 L St. NW, Suite 800Washington, DC 20036USA Rather, the inquiry is directed toward determining whether the articulated purpose is the actual purpose for the challenged employment-related action. (citations omitted)); cf.
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