Workplace Discrimination

Religious Discrimination


Laws prohibiting religious discrimination in the workplace set the stage for a difficult choice for employers to make; they can't allow religion to dictate the way that their business is conducted, but they may have to consider an employee's religion when making various decisions at work.

The issue that comes into play is that religion is not simply a trait, but in fact, it is a set of beliefs and practices. By law, an employer cannot discriminate based on someone being Jewish or Muslim. However, it also mandates that an employer make exceptions for an employee's beliefs and practices. For example, an employee might request time out after the lunch hour to pray, or another might request Saturdays off in honor of the Sabbath

The first part of the law is easy to understand. Obviously, you can't use the fact that someone's Jewish as a reason not to hire them. Similarly, you can't give someone a promotion because they are Muslim. One exception to this rule is known as the bona fide occupational qualification (BFOQ). If the job being filled necessitates that an employee have a specific religious background (i.e. Catholic church looking for a new priest), then religion can be the basis for hiring. In any other circumstances, occupational decisions must be impartial.

The second part of the law is not so clear cut. As an employer, you must collaborate with employees to come to some sort of compromise in allowing them to practice their customs within reason. For example, you may tone down your dress code to include an employee's religious garments. In legal terms, this is called making an accommodation. An employer is obliged to accommodate religious beliefs and practices unless it puts too much strain on the company. For example, if altering the employee schedule to accommodate someone's religious practice is going to affect other employees' morale and possibly impact employees who hold seniority over the worker in question, there is an ample motive to refuse accommodation.

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