Religious Discrimination
The basic rule in preventing employment discrimination on the basis of religion is simple. An employer must reasonably accommodate the religious observances of employees and prospective employees,
unless doing so would cause undue hardship, or unless not doing so can be justified by "business necessity."
EEOC Guidelines
In most cases whether or not a practice or belief is religious is not at issue. However, in those cases in which the issue does exist, the Commission will define religious practices to include
moral or ethical beliefs as to what is right and wrong which are sincerely held with the strength of traditional religious views.
EEOC's Suggested Accommodations
(This is a modified and excerpted version of the EEOC guidelines publication). Employees and prospective employees most frequently request an accommodation because their religious practices conflict with their work
schedules.
Objection to Labor Dues
Some collective bargaining agreements include a provision that each employee must join the labor organization or pay the labor organization a sum equivalent to dues.
Undue Hardships
An employer may assert undue hardship to justify a refusal to accommodate an employee's need to be absent from his or her scheduled duty hours if the employer can demonstrate that the
accommodation would require costs similar to the regular payment of premium wages of substitutes.
Religious and Scheduling
When a test or other selection procedure is scheduled at a time when an employee or prospective employee cannot attend because of his or her religious practices, the user of the test should be aware
that the principles enunciated in these guidelines apply and that it has an obligation to accommodate such employee or prospective employee unless undue hardship would result.
EEOC Guideline: Religious Discrimination
It is unlawful for an employer to fail to reasonably accommodate the religious practices of an employee or prospective employee, unless the employer demonstrates that accommodation would result in
undue hardship on the conduct of its business.
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