Religious Discrimination at Work: Is it Getting Worse?
Religion has become a political talking point over the last year. But has all the press around President Donald Trump’s campaign and later travel bans affected religious minorities’ ability to do their jobs? Is religious discrimination at work getting worse?
In this blog post I will review Title VII of the federal Civil Rights Act, and how it applies to religious discrimination. I will give examples of how the Equal Employment Opportunity Commission addresses religious discrimination in hiring and workplace accommodations. And I will explain what to do if you think you are being discriminated against because of your faith.
What is Religious Discrimination?
Title VII of the federal Civil Rights Act makes it illegal to discriminate against an employee because of that person’s religion (among other traits). Religious discrimination includes treating a person differently at work because of his or her sincerely held religious beliefs. The law protects current and former employees, as well as applicants. It covers members of established religions, such as Judaism, Christianity, or Islam, as well as anyone who has sincerely held religious, ethical, or moral beliefs. It also applies to discrimination based on the religion of a person’s spouse.
State and federal religious discrimination laws protect against biased decision making in hiring, scheduling, and promotions. They also forbid religious harassment. This includes making offensive remarks about a person’s religious beliefs or practices, but only if they are serious or frequent enough to create a hostile work environment. The federal Civil Rights Act also requires employers to make reasonable accommodations for an employee’s religious beliefs unless doing so would create a burden on the employer’s business. An employer can be required to make reasonable adjustments to scheduling, dress code, or other company policies to allow employees to follow the teachings of their faith.
Examples of Religious Discrimination
Over the years, the Equal Opportunity Employment Commission has taken on a number of religious discrimination cases. In recent years, many have involved discrimination against Muslim employees because of their religious observances. Recent EEOC cases include claims that employers:
- Failed to accommodate Muslim prayer practices, particularly during Ramadan
- Refused to hire Muslim women who wore a hijab or khimar (head scarves)
- Fired Muslim truck drivers who refused to transport alcohol
- Created a hostile work environment by labeling Muslim employees “terrorists” and “habeebies” and saying they “blow things up”
- Refused to accommodate Islamic and Sikh employees by allowing them to wear beards at work
- Fired employees who sought to observe their religion while at work
- Retaliated against employees who sought religious accommodation
What is Reasonable Religious Accommodation?
Religious employees are permitted to request reasonable accommodations for the practice of their faith. But if those accommodations can be denied if they would negatively affect the employer’s business. History has shown this impact can be very small and still be enough to qualify as undue hardship. If the accommodation reduces an employee’s efficiency, infringes on other employees’ rights or benefits, impairs workplace safety, or shifts undesirable work to other employees, it could be considered unreasonable.
Employers have also been successful in claiming that a person’s religious clothing or appearance (such as a Sikh’s beard) interfere with the company’s brand or public image. However, the Equal Employment Opportunity Commission v Abercrombie & Fitch Stores, Inc., the United States Supreme Court held that the company’s interest in its “look policy” wasn’t strong enough to outweigh a teenage Muslim employee’s right to wear a religious head covering.
Are Presidential Policies Affecting Religious Discrimination?
Donald Trump’s presidential campaign included language that many saw as anti-Muslim. Now that he is President, his executive orders banning travel from predominantly Muslim countries are tied up in court based on the fact that they are based on illegal religious discrimination. This as led some to wonder whether his rhetoric could be making religious discrimination at work worse.
The EEOC has reported that workplace discrimination was already on the rise in the decades leading up to Donald Trump’s presidency. In 2013, it reported that complaints of religious discrimination at work had doubled, from 1,709 in 1997, to 3,721 in 2013. In 2011 there were over 4,000 religious discrimination claims. Internationally, universities in the United Kingdom have been reporting a significant increase in hate speech against Muslim and Jewish students. At least one study, released in 2014, suggests that simply including any religion on a résumé reduces the chance an employee will be called back.
Policy changes made by Donald Trump may also create hurdles for employers seeking to hire members of certain religious faiths, particularly Muslims. If the U.S. Supreme Court decides to fully reinstate the travel ban it could make it harder for employees of that faith to travel for work. His policies on immigration could also cause employers to believe hiring employees who openly practice a minority religion often associated with immigrants could invite a raid on their premises and disrupt their business.
Whether there is an objective increase in the number of religious discrimination claims as the result of President Trump’s words or policies remains to be seen. Religious discrimination caused by a national politician, or the biases of an individual employer, is still illegal under federal and state law. If you have been denied religious accommodation or believe you were passed over or let go because of your religious beliefs, contact Eisenberg & Baum, LLP, today to talk to an employment discrimination attorney. We can help you identify your options, advocate for your rights, and get relief from religious discrimination or harassment at work.