Religious Discrimination
Table of Contents
1. Introduction 1
2. Definitions 2
2.1 Religious Belief 2
2.2 Religious Discrimination 3
3. Title VII of the Civil Rights Act of 1964 3
3.1 Prohibitions 3
3.2 Accommodations and Undue Hardship 4
3.3 Who is Subject to the Provisions under Title VII? 5
4. How to Handle Religious Discrimination in the Workplace 6
4.1 Preventive Measures 6
4.2 Filing a Charge 8
5. Cloutier v. Costco Wholesale 9
6. Religious Discrimination after September 11, 2001 12
7. Summary and Conclusion 13
7.1 Summary 13
7.2 Conclusion 15
1. Introduction
Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against applicants and employees because of their race, color, religion, sex or national origin. Religious Discrimination as part of the Civil Rights Act is the subject of this term paper.
Initially, I will give a brief definition of “religious belief” and “religious discrimination” and write afterwards about prohibitions regarding religious discrimination, reasonably accommodation of religious beliefs and practices, undue hardship, and about the question “Who is subject to the provisions under Title VII?”.
Furthermore, I will enter into the question how employers and employees should handle religious discrimination in the workplace. Since discrimination in the workplace cannot only cause costly lawsuits, but also has an impact on the moral of the employees, I will name some preventive measures. After that, I will switch to the employee’s view and give the reader an idea of what an employee should consider when filing a charge because of religious discrimination.
Then, I will present the case Cloutier v. Costco Wholesale, which shall illustrate how everything fits together – from the broad definition of religion to the handling of a filed charge.
According to statistics of the Equal Employment Opportunity Commission (EEOC) and state and local fair employment practices agencies, the number of charges alleging workplace discrimination based on religion or national origin has been significantly increased after September 11, 2001. Therefore, I will deal in this term paper with the influence of the attacks on the World Trade Center and the Pentagon on religious discrimination in the workplace.
Finally, I...
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...pportunity Commission. (2002, June). Facts About Religious Discrimination. Retrieved from: http://www.eeoc.gov/facts/fs-relig.html
The U.S. Equal Employment Opportunity Commission. (1997, June). Filing a Charge. Retrieved from: http://www.eeoc.gov/facts/howtofil.html
The U.S. Equal Employment Opportunity Commission. (2002, May). QUESTIONS AND ANSWERS ABOUT THE WORKPLACE RIGHTS OF MUSLIMS, ARABS, SOUTH ASIANS, AND SIKHS UNDER THE EQUAL EMPLOYMENT OPPORTUNITY LAWS. Retrieved from: http://www.eeoc.gov/facts/backlash-employee.html
The U.S. Equal Employment Opportunity Commission. (2004, November). Religious Discrimination. Retrieved from: http://www.eeoc.gov/types/religion.html
The U.S. Equal Employment Opportunity Commission. (1997, January). Title VII of the Civil Rights Act of 1964. Retrieved from: http://www.eeoc.gov/policy/vii.html
Vorys, Sater, Seymour and Pease LLP. (2002, October). Religious discrimination – Accommodating differences in the workplace. Retrieved from: http://www.vssp.com/CM/Articles/articles871.asp
workindex. (2004, November). Ten Tips For Avoiding Religious Discrimination. Retrieved from: http://www.workindex.com/editorial/hre/hre0411-05.asp
In accordance with Title VII of the Civil Rights Act of 1964, any hiring, terminating, and other terms and conditions of employment utilized as means of religious discrimination against an employees is prohibited. Unless, the workers religious request was causing their employer undue hardship. These acts are mandated that employers reasonably accommodate their full time employees’. Reasonable
Title VII of the Civil Rights Act of 1964. (n.d.). The U.S. Equal Employment Opportunity Commission. Retrieved November 20, 2014, from http://www.eeoc.gov/laws/statutes/titlevii.cfm
The Court held that failing to accommodate a potential employee or an employee was enough to bring up a disparate treatment claim. It held that in order to make a claim based on disparate impact the plaintiff needs only to prove that the need for accommodation was the motive behind the employer’s refusal to hire them, not whether the employer knew about this need. Therefore, the Court determined that rather than imposing a knowledge standard, like the 10th Circuit Court did, motive was enough to violate Title VII since Abercrombie knew or suspected that Elauf wore the headscarf for religious reasons and did not want to accommodate her. “An employer may not make an applicant’s religious practice, confirmed or otherwise, a factor in employment decisions” (EEOC v. Abercrombie & Fitch, Inc., 2015). Finally, the Court held because of the description that Title VII gives for religion, it places religion as a protected class and therefore asks that it be given favored treatment over other
"Title VII of the Civil Rights Act of 1964." ():-. Retrieved from http://www.eeoc.gov/laws/statutes/titlevii.cfm on Mar 17, 2014
Title VII of the Civil Rights Act of 1964 has grown over the past few decades to ensure that employees, as well as employers, are protected against all employment discrimination. It is extremely important that both employers and employees know and understand what the law means and how to handle such acts of discrimination. As more amendments are passed into law, employers need to have clear and concise policies to help fight against discrimination.
Bennett, Alexander, Hartman (2003), Employment Law for Business, Fourth Edition II. Regulation of Discrimination in Employment 3. Title VII of the Civil Rights Act of 1964, The McGraw-Hill Companies.
Unite States. Department of Justice. Title Vii of the Civil Act Rights of 1964. United States, 1964.
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Some religious discrimination cases can be technical, while others can be ambiguous. However, in the following case, the level of discrimination can clearly and easily be detected. In 2011, the EEOC filed a lawsuit on behalf of Umme-Hani Khan (plaintiff) agains...
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“Provisions of the International Religious Freedom Act.” Facts On File Issues and Controversies. Jan 21 2000:18.
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