Employers must try to prevent illegal discrimination in the workplace. This includes religious discrimination. It's illegal under Title VII of the Civil Rights Act of 1964. The US Equal Employment Opportunity Commission (EEOC) is the agency charged with enforcing Title VII.

Title VII of the Civil Rights Act of 1964

Title VII protects employees from an employer's discrimination. If they break the law, an employee can sue for:

  • Money awards based on lost wages
  • Damages on top of lost wages

Damages may include punitive damages or emotional distress damages. The first type is intended to punish wrongful conduct. The second type compensates for unpleasant emotional reactions to bad conduct.

Title VII prohibits employers from making decisions based on religion. These include:

  • Hiring
  • Paying
  • Promoting
  • Training
  • Firing

Some exceptions do apply. One common sense example is hiring a religious leader for a church. This makes sense since a church wants to hire a leader with the same religious beliefs as its members.

Accommodating Religious Beliefs

The law also requires employers to accommodate religious beliefs and practices. It covers all religions. Employers aren't entitled to pick and choose the religions they'll recognize.

Employers can adjust job environments to accommodate religious practices in many ways. Here are some examples:

  • Work schedule flexibility 
  • Job reassignments
  • Shift swapping

Adjusting workplace dress codes might be needed. An employee's religion might require wearing certain clothes or hairstyles. Or a religion may bar wearing certain clothing. For example, an employee's religion may prohibit miniskirts or pants.

Undue Hardship

An employer doesn't have to provide accommodations for every situation. How far must an employer go? The key is whether the accommodations cause undue hardship to the employer.

There are a variety of reasons why meeting employee needs may cause undue hardship. Some examples include:

  • Increase in workplace danger
  • Excessive cost 
  • Significant loss in workplace efficiency 
  • Compromising other employees' rights 
  • Burdens on other employees

Questions for Your Attorney

  • Do I have to work on my religion's sabbath or rest day?
  • I don't think my employee's religious clothing is safe for our workplace. How do I follow both Title VII and safety laws?
  • Do I have to accommodate the beliefs of a "new" religion? How does the law define "religion"?