ABSTRACT
As more persons are entering careers in global and international market, today’s workforce has become extremely diverse. Persons are interacting with colleagues of different nationalities, cultures, religions, and employers are expected to respect and accommodate the diversity within their organizations as long as the accommodation does not impact the company negatively. This paper discusses some of the many challenges persons face today because of their religious beliefs: discrimination, lack of accommodation and harassment. Also discussed are the legal ramifications associated with religious discrimination. The Equal Employment Opportunity Commission has presented many claims and federal court cases that identified
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Keywords: Discrimination, Civil Rights Act, Harassment, and Accommodation
Introduction
While many persons would prefer that religion be kept out of in the workplace, legally, the Title VII of the 1964 Civil Rights Act permits discrimination of religious expression and because today’s workforce is becoming more diversified in ethnicity, culture, language and religion, employers are urges to provide certain accommodations for employees without excluding the rights of others (Borstoff 2011; Dean, Lee & Safranski 2013).
As more persons are entering careers in global and international market, today’s workforce has become extremely diverse. Persons are interacting with colleagues of different nationalities, cultures, religions, and employers are expected to respect and accommodate the diversity within their organizations as long as the accommodation does not impact the company negatively.
Religion and Job Requirements
There are multiple areas in which religious beliefs may affect an employee’s ability to fulfill job requirements. An employee may choose not to undertake all the tasks of their job due to their religious beliefs. For example, pharmacists may legally refuse to offer a service such as hormonal contraception, due to their religious beliefs (Chapman, 2010). The idea that employees may deny services due to their religious or ethical beliefs is known as a “conscious clause,” and signs may be placed alerting
In “Working it Out” by Diana Eck, she writes about religious oppression in the workplace. The examples she gives on the many ways people have been fired, or the ways in which people's faiths have been compromised, reiterates that the amendment that states freedom of religion in the United States, is
The United States is one of the most culturally and religiously diverse countries in the world. The founding fathers of the United States wanted to ensure that its people would have the ability to practice their religion with no threat of persecution. In order to accomplish the goal of religious freedom and continue to ensure that all people of any religion would be free to practice their religion, the United States passed Title VII of the Civil Rights Act of 1964 that prohibits an employer from discriminating based on the religious views of its employees. As the citizens of the United States spend a large amount of time in their places of employment, religious practices that these employees feel are necessary for the true observance of their religion must be accommodated by the employers. This law contends that in cases where the accommodation of religious practices of its employees does not create undue hardships, an employer must make reasonable accommodations for employees to practices the beliefs of their religion. As the demographics of the United States continues to change with more religiously diverse people immigrating to the country, employers are coming under more pressure to ensure they are taking all possible precautions to accommodate the religious practices of its employees. These precautions are important as the once an employee has established a bona fide complaint of religious discrimination, the burden of proof then falls on the employer to prove they
Under the first amendment right a person has the right to exercise whatever religion that they so choose. And that is why Title VII of the Civil Rights Act of 1964 came along is there to protect all employees that are and may be discriminated by employers, which means that an employer should not refuses to hire a candidate based on their religious beliefs or practices, or they cannot refuse to promote an employee, or adjust their rate of pay on their religion, they must be treated exactly as any other employee within the company, they should not be discriminated or be segregated against. Title VII also protects employees against employers or employees making any prejudice remarks against them. Employees are protected by both Title V11 and
Reasonable Accommodation & Religion: The law requires an employer to reasonably accommodate an employee's religious beliefs or practices, unless doing so would cause difficulty or expense for the employer. This means an employer may have to make reasonable adjustments at work that will allow the employee to practice his or her religion, such as allowing an employee to voluntarily swap shifts with a co- worker.
time off from work to practice their faith and celebrate religious holidays. Employers may face
The definition of religion can be subjective and vary from person to person. According to Gregory (2011), as a society, more and more employees are wishing to demonstrate their faith while at work. He further notes that this will continue as individualism and self-expression are more embraced by todays millennials. In addition, Gregory shows that the filing of discrimination based lawsuits rose 75% between 1997 and 2008. Because of this, Cintas Corporation must create a fair policy that meets the legal obligations of the company.
In the article Religious-Discrimination Claims on the Rise by Melanie Trottman, it is stated that “the EEOC received 3,811 religion-based complaints in fiscal 2012, the second-highest level ever and just below the record 4,151 in 2011” (Trottman, 2013, p. 1). In another article Study: Workplace Religious Discrimination on the Rise by Mike Ward lists similar number of religion-based complaints. The article by Trottman mentions that the EEOC has filed religious-discrimination lawsuits against companies in the fast-food, hair-salon, aviation, hotel, retail, medical and health-services industries. A recent case that the article mentions is about Muslim woman who worked at Abercrombie and was fired by the manager because her hijab violated
In 1964 the Civil Rights Act Title VII was passed. This law prohibited employers from discriminating in employment based on race, color, religion, sex, and national origin (AAUW, 2016). The Act enforces that it is the obligation of the employer utilize reasonable accommodation for the religious practices of employees after the informs what his or her particular religious needs. The employer has a right to refuse a specific need if an undue hardship can be proven (LLI, 1992).
Under the title VII of the Civil Rights Act of 1964 prohibits employment discrimination. Discrimination of basis of sex, race, color, national origin, or religion. If a profit corporation have religious beliefs they will be able to argue they have the right to side-step Title VII and, for example, hire only those who sign a “statement of faith” or share the same religious
Yet, religion has made employers not being protected under the Title VII of the Civil Rights Act of 1964. Whenever a company has any religious beliefs, they are able to hire worker having the same religion values. Also, company can refuse hiring unmarried pregnant employees because of the violation of religious values. The above are not prohibited under the Title VII.
The law forbids discrimination of religion to any aspect including hiring, firing, pay, job, promotions, layoffs and other terms or conditions of employment, however that does not stop it from happening. ABC news journalist, Morgan Winsor, publishes an article about Muslim employers stating they have been able to take prayer breaks until “a new policy beginning on Jan. 25” where “there is no additional accommodations for prayer” that is affecting not only their job but now their religious beliefs. Muslim employees are enraged that the Wisconsin Arien Company’s new policy is discriminating their right for prayer. The employee’s filed a discrimination report to U.S. Equal Employment Opportunities Commission (EEOC) hoping for a solution. The employees are being forced out, unless they obey the new policy, of Arien’s company that use to let Muslim workers take prayer breaks. The Title Vll of the Civil Right Act of 1964 requires, “employers to accommodate religious beliefs.” Winsor continues to state, “Arien’s management allegedly threatened to fire those employees who continued to pray beyond the scheduled breaks.” United States of America prohibits religious discrimination, especially when its affects citizen’s opportunity for employment. The Muslim’s Arien’s management suppresses the U.S. EEOC laws against discrimination therefore the company’s case
Barb: I found an article about a discrimination case against Consolidation Coal Company where they were found guilty of violating an employee’s right to their religious beliefs under Title VII. After 35 years with the company, they began to require their “employees to use a newly installed biometric hand scanner to track employee time and attendance” (Court Awards Over Half Million Dollars Againdt Consol Energy/Consolidation Coal in EEOC Religious Discrimination Lawsuit, 2015). She told her employer that this practice violated his “religious beliefs as an Evangelical Christian” (Court Awards Over Half Million Dollars Againdt Consol Energy/Consolidation Coal in EEOC Religious Discrimination Lawsuit, 2015). The company didn’t seek an alternative
In places of employment there are signs of race and color discrimination. Religious discrimination is the unfair or unequal treatment of an employee or employer. All other forms of discrimination is wrong and should not be tolerated.
The diversity of the domestic and global workforce is increasing daily in the United States (U.S.). The growing number of immigrants and the expansion of globalization in the workforce forces organizations to make necessary adjustments to meet the needs of all their employees. People in organizations have different cultural and religious backgrounds that can be quite different in beliefs and practices (Johnson, 2012). The workforce is more diverse in ethnicity, culture, language, and religion (Borstorff & Arlington, 2011). The inflow of immigrants has augmented the number of religious denominations represented in the U.S. and as a result religious diversity is emerging as a significant issue.
Can you imagine being employed and prohibited from practicing your beliefs at work? Religion has come to be an important matter in the workplace. This is because of the ongoing religious diversity within the working environment. In today’s world, businesses employee individuals from different countries and religious backgrounds who may practice their beliefs in a variety of ways. There are ethical issues associated with religion in the workplace such as religious harassment, attire, and practices. We have the right to practice our religious beliefs without the interference of these issues which can result from others not understanding our views. Although there are some ethical issues which can arise, religious practices in the workplace should continue to be allowed because of the growing diversity within today’s world and business establishments.