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What is Religious Discrimination?

Many people are not sure what constitutes religious discrimination in the workplace. There are
many ways to discriminate against people; some are very obvious and others are more subtle.
The subtle discriminations are often hard to recognize and harder still to prove in a religious
discrimination claim. Therefore, I will look primarily at more outward forms of religious
discrimination.

Religious discrimination is an adverse work treatment of an employee based on a class or


category that the employee belongs to religious beliefs or practices rather than on the employee's
individual merit.

There is no official definition of harassment, but it can be described as being singled out because
of your religion for mistreatment, particularly if it makes it harder to do your job. If you are
harassed by your superiors, this is discrimination.

There are two types of discrimination…

Unequal treatment is when your employee shows preferences towards one religion or belief
system.

Harassment is when you are influenced by your employee to change or abandon your belief
system.

Religious discrimination includes, but is not limited to, the following:

Firing an employee because of that employee' Religious beliefs.

Loss of promotion due to one's Religion witness at work.

Failure to give an employee a raise until the employee no longer spends free time (such as
breaks or lunch) discussing religious beliefs with other employees.

Harassment of employees because they wear religious clothing, such as a Turban on head, Veil
to cover face, grow beard, Christian shirt or a cross around the neck; continual mocking of a
person's religious convictions or intentionally using offensive language around someone in order
to mock one's religious beliefs.

Like sexual discrimination, religious discrimination is often hard to describe and harder still to
define. This makes it complicated to prove that religious discrimination has occurred. Therefore, it
is recommended that carefully document any religious discrimination in preparation for a claim
against an employer. It’s also vital to understand that it is against the law in any country for a
person to be refused a promotion or a raise or be fired due to his religious beliefs.

Many employees are not aware they may have a religious discrimination claim against their
employer if they have been harassed or fired due to their religious convictions. The Equal
Employment Opportunity Commission (EEOC) is the government agency in charge of
investigating claims of racial, sexual, or religious discrimination in the work place.

Signs identifying religious discrimination

If in your interview they asked you specific question about your religion or belief system.
If you are looked down on by co-workers because of your religion or beliefs.

If you are treated differently from your co-workers because of what you believe in.

In case of interview, say “I prefer not to discuss religion at workplace”

If you are looked down by co-workers because of your religion than immediately bring it in notice
of your supervisor, but do not go your supervisor’s boss.

And if you are treated differently than contact EEOC (Equal Employment Opportunity
Commission)

Title VII of the Civil Rights Act of l964


Religious discrimination is prohibited by Title VII of the Civil Rights Act of l964. According to this
Act, religious discrimination by the employer is forbidden 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.

Reasonable accommodation can include, as examples, providing:

• Flexible paid holidays,

• Flexible schedules,

• Unpaid time for religious observances,

• Employees the right to wear religion-required head gear regardless of work dress code,

• The opportunity to offer mandatory prayers,

• An interview schedule that accommodates religious practices.

Additionally, it can be considered religious discrimination to ask any questions of a prospective


employee that cause him or her to discuss religious beliefs or any religious accommodation that
might be required after hire. (It is lawful to state the hours of the position and ask whether the
candidate will be able to work the required hours of the position.)

Employers are required to enforce a religious discrimination-free workplace in which employees


are able to practice their religious beliefs without harassment. Employers must permit employees
to engage in religious expression. Generally, an employer may not place more restrictions on
religious expression than on other forms of expression that have a comparable effect on
workplace efficiency.”

Employers are required to provide a workplace in which religious harassment of employees is not
allowed. This is reinforced by implementing an anti-harassment policy and a harassment
complaint investigation policy. It is recommended that anti-harassment training is provided on a
regular basis for all employees and that a harassment-free workplace.
Key issues with Religious Discrimination at workplace
Religious Dress

Holy Days

Belief-based Conduct

Theistic and non-theistic

Religious Community Preferences

Promotion

Religious Dress
Often it has been observed that employee is treated differently because he or she is dressed up
religiously and this should not bother the organization unless and until it affects the company
efficiency and does not prove to be injurious to organization. Here are two cases that explain my
point of view.

In Turkey, A muslim lady Mrs. Anila Jamali was fired by the Kocaeli University authorities from job
because she was wearing veil to cover her face while delivering lecture. It is an example of the
religious discrimination as the merit is ignored by difference of belief.

K.S. Bhinder was fired from his job as an electrician with CN Rail for refusing to wear a hard hat.
Mr. Bhinder is a member of the Sikh religion, which requires that he wear a turban at all times,
thus making it impossible for him to wear a hard hat.

Holy Days
Sometime the special festivals, events and days are the reason for change of attitude of
organization towards certain social class.

Religious discrimination complaints most commonly arise when employees lose their jobs after
they refuse — for religious reasons — to work on certain days. This scenario represents the
highest number of religious discrimination cases.

Johan Ezekiel worked in Trans World Airlines, it operates stores department 24 hours, 365 days
per year, being a member of the Worldwide Church, observed his Sabbath on Saturday. The
company didn’t accommodate well with the religious practices of its employee.

Jamshed Maseeh was terminated by PSO authorities because he had to go to church for every
Sunday prayers before Easter and the PSO is an organization which works 24 hours for 365 days
in a year. The employees work in shifts and for Jamshed Maseeh the alternate was not willing for
replacement.
Theresa O'Malley, a long-time employee of the respondent, became a Seventh Day Adventist.
After becoming an adherent, she could no longer work between sundown Friday and sundown
Saturday (her Sabbath), in accordance with the tenets of her new faith. The respondent's policy
required all full-time employees to work during that time period, on a rotating basis. Mrs. O'Malley
therefore lost her full-time status, leading to the human rights complaint on religious grounds.

In United States, many Muslims have to face the same odd situation in due course of celebrating
their special days.

Belief-based Conduct

In addition to practices that stem from religious affiliation, such as wearing certain types of
clothing or not working on certain days, certain specific actions that are grounded in and
motivated by religious belief have also generated case law.

Cecilia Moore was fired from her position as a financial aid worker for the Ministry after she
refused to grant a client medical coverage for an abortion. In subsequent discussions with her
superiors, Ms. Moore made it clear that she would never grant such aid, because of her
religiously-based opposition to abortion. While the Council noted that the complainant could and
should have disqualified herself from such a file, it ultimately ruled in her favour because of the
respondent's complete lack of effort to accommodate the complainant and work out a suitable
arrangement.

The religion-based conduct at issue was the refusal of an employee to participate in decorating
the store where he worked for Christmas. Mr. Jones is a Jehovah's Witness, and, in accordance
with his faith, does not participate in the celebration of Christmas. The Tribunal found that the
employer knew that Mr. Jones' religious beliefs prevented him from participating in any
celebration of Christmas, including decorating the store. Rather than attempting to accommodate
those beliefs, the employer gave Jones an ultimatum: decorate or be fired.

Benno Kurvits filed a complaint against both his employer and his union because they
automatically deducted union dues from his pay cheque. Mr. Kurvits belonged to the Marathon
Baptist Church whose tenets forbade union affiliation. The collective agreement provided that if
an employee belonged to a church whose tenets forbade union affiliation, and if that church was
a registered charity under the Income Tax Act, that employee was allowed to make a contribution
equal to the amount of dues to a charitable organization of his or her choice instead of paying
union dues. The Canadian Human Rights Tribunal found that this refusal to recognize Mr. Kurvits
sincere religious beliefs constituted discrimination. Mr. Kurvits could easily have been
accommodated. The Tribunal ordered the employer and the union to amend the collective
agreement to eliminate the discriminatory effect of the provision regarding dues check-off. In
addition, the employer and the union were required to contribute an amount equal to union dues
to a charity of Mr. Kurvits' choice, and to pay $500 each for the damage to dignity that the
discrimination caused.

Theistic and non-theistic

Saini V. All Saints Hague Center & Bungay & Paul.


The Employment Appeal Tribunal (EAT) held not only where an employee is harassed on the
ground there will be religious discrimination of his certain religious belief but also harassed
because of someone else’s certain religious belief. Once an employee establishes that he has
been harassed because his employer is pursuing a discriminatory policy against the religious
beliefs held by another, that is sufficient to amount to discrimination. Here, the EAT described that
Saini had been subject to religious discrimination, as the reason why the board mistreated him
was their desire to get rid of Chandel because he was a Hindu.

That means that it is illegal for you to be wrongly treated because of people that you associate
with or people that you intereacted with.

Another case is Davis Vs. Beason.

This case was significant because it defined religious discrimination in a theistic way. Davis was
catholic and his believes differed from the Beason, who was member of protestant church and
therefore fired Davis.

But …In Torcaso Vs. Watkins that definition was changed to cover religion or beliefs that do not
have a theistic definition. As Torcasso was Christian but Watkins being atheist.

Religious community member Preferences

In Agha Khan Hospital the first preference is given to Agha khani over the other candidates
belonging from different communities. So that means a merit is disqualified on the basis of
religious discrimination and that is by giving a racial quota upper edge.

Promotion

Here is an example of how a potential employee can loose an opportunity of promotion because
of her belief.

Lynne Noyes sued Kelly services corporation for being passed over for a promotion.

“The basis of her claim was not her religious beliefs but the fact that she was not a member of a
religious organization called THE FOURTH WAY…

The individual who received the promotion, like the alleged decision-maker, was a believer in the
FOURTH WAY”

You can not get stagnant at one place when you know you are capable of moving in vertical
direction and your superior feel different way because your religious practices differs from him.
What you can do about it?

Find a legal counsel!

There are many laws that protect you!

Title VII of the Civil Rights Act of 1964

To enforce the constitutional right to vote, to confer jurisdiction upon the district courts to provide
injunctive relief against discrimination in public accommodations, to authorize the attorney
General to institute suits to protect constitutional rights in public facilities and public education, ti
extend the commission on Civil Rights to prevent discrimination in federally assisted programs, to
establish a Commission on Equal Employment Opportunity, and for other purposes.

Legally you are allowed to file a suit against your employer if they discriminate you in any way
including RELIGIUOS DISCRIMINATION.

EEOC

The Equal Employment Opportunity Commission is charged with ending discrimination of any
kind. The EEOC is to help you, If you are being discriminated against then you need to tell
someone immediately.

EEOC Address Religious Discrimination.

Rising religious discrimination charges. Increasing religious diversity in the world and requests for
guidance prompted in the Equal Employment Opportunity Commission (EEOC) to issue a new
Compliance manual Section under the Title VII of the Civil Rights Act of 1964.

“Religious-Based allegations accounted for the biggest increase in the filed cases upto 34% over
fiscal year (FY) 2009”

Civil Rights Act of 1991

To amend the civil rights act of 1964 to strengthen and improve Federal Civil Rights Laws, to
provide for damages in cases of international employment discrimination, to clarify provisions
regarding disparate impact actions, and for other purposes.

Discrimination claims increased from under 1400 in 1992 to over 3600 in 2008/2009

A few steps to stop religious discrimination:

• Stop the denial

• Remove the diversity training label


• Focus on Behaviour

• Commit to a plan of action.

This means…

You may have to revise the organizations mission statement.

Integrate workplace relationship skills training into business initiatives.

Implement a top down strategy.

EEOC established 4 steps to handle discrimination cases.

1. Complaint of discrimination being sent to agency within 180 days of incident

2. EEOC will categorize the claim

3. EEOC will then send a detailed questionnaire to the agency in question and conduct
investigation

4. Issuance of a Right to Sue issued to complaining party even if no cause is found.

In a Nutshell

To put it in a nutshell, let’s begin from the 3 questions we started with

Why does it happen?

How does it happen?


And how can we stop it?

It happens because organization fails to adopt cross cultural training programs. If the better

understanding is created between diversified employees then the complications can be controlled

to certain extents and it is essential to give esteem to other’s belief.

It happen when perception differs which mean every individual think he is at the right side of the

end and rather than coming closer in one direction, both goes in opposite directions. Everyone

has to think in broader perspective rather than being confined to his or her own set of

perceptions.

It can be stopped when we start believing in

“BETTER TO UNDERSTAND THAN TO BE UNDERSTOOD”

And the center of our thinking in this regard should always be ONE FOR ALL, ALL FOR ONE…

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