Today, the EEOC released a new Compliance Manual Section regarding religious discrimination in the workplace.  Click here to download the new section, here for answers to FAQs and here for employer and employee best practices.

The new section covers many key issues, including:

• what constitutes “religion” for purposes of Title VII
• reasonable accommodation of religious practices
• religious harassment
• religious expression
• disparate treatment
• retaliation

“Title VII of the Civil Rights Act of 1964 seeks to ensure that applicants and employees enjoy the freedom to compete, advance and succeed in the workplace, irrespective of their religious beliefs,” said EEOC Chair Naomi Earp.  “This Compliance Manual Section serves as a valuable resource for employers, employees, practitioners and EEOC staff seeking information on Title VII’s prohibition against religious discrimination.”

Religious discrimination charges filed with the EEOC have more than doubled over the past fifteen years, from 1,388 in 1992 to a record 2,880 last year.

So, what does the EEOC suggest for employer best practices?  Here are the highlights:

• Policies and Procedures.  Employers should have a well-publicized and consistently applied anti-harassment policy that (1) addresses religious harassment, (2) clearly explains what’s prohibited, (3) describes the process for bringing harassment to management’s attention and (4) assures complainants that they will be protected from retaliation.  The process should include (1) multiple avenues for complaints, (2) prompt, thorough and impartial investigations and (3) prompt and appropriate corrective action.
• Religious Expression.  Religious expression should be allowed to the same extent as other types of personal expression that aren’t harassing or disruptive.
• Remediation.  Employers should take prompt and appropriate action to address potentially harassing religious conduct, including conduct by customers, vendors or contractors.
• Reasonable Accommodation.  Employers should make reasonable efforts to accommodate employees’ religious practices.  However, employers aren’t required to provide the employee’s preferred accommodation if there are other effective alternatives.  Suggestions are given for how to deal with specific accommodation situations, including schedule changes, voluntary substitutions, change of job assignments, transfers and permitting prayer, proselytizing and other forms of religious expression.
• Training.  Managers should be trained on how to deal with all of the above, including the necessity of avoiding retaliation.

 Stay tuned for more.

This entry was posted on Tuesday, July 22nd, 2008 at 3:46 pm and is filed under Discrimination, Employment Law News. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.