The United Nations Equal Employment Opportunity Commission (hereinafter referred to as ‘EEOC’) strives to cut down discrimination of any sort at the workplace. It further endeavors to prohibit an employer from restraining an employee from practicing religious practices at the workplace.
Thus, an employer is obligated to alter the workplace environment following the needs of the employees’ religion and faith. The employer must make efforts to incorporate changes in the shift schedule or policy on leaves and things like dressing and grooming practices.
Wearing a particular head covering (like a Jewish yarmulke or a Muslim headscarf) or carrying certain hairstyles or facial hairstyles (like Sikh uncut hair and beard) are essential religious practices, and employers cannot discourage the same.
It extends to an employee’s observance of a religious prohibition, such as not wearing specific garments during a lifetime or a particular period. In essence, the notion of accommodating one’s religion must be one with the institution. If the employee requires more than the already extended alterations, an open discussion involving an interactive process between the employer and the employee must take place.
U.S. Equal Employment Opportunity Commission
The EEOC has been a vigilant institution to ensure that employers do not overstep their boundaries while maintaining optimum productivity. In light of the same, EEOC recognizes that religious practices may accrue from theistic beliefs or non-theistic morals. Ethical beliefs and traditional religious views also have an essential role to play.
Such religious observances include worshiping and attending worship services, wearing religious clothing, a showcase of religious objects, adherence to restrictions, proselytizing, or even abstinence from certain activities.
A practice is nonetheless a religious practice for purposes of the Civil Rights Act of 1964, even if not followed by others in the same religious sect or the employee stands unaffiliated formally with the given religious organization.
Discrimination based on religion is a severe problem in the U.S.A., and failure to provide reasonable religious accommodations has consequences. The EEOC has been vigilant and, at times, has directed employers to $300,000 to settle religious discrimination charges. In 2019, USEEOC directed a total of $9.9m fine as compensation for religion-based charges.
Exemptions Against the Duty to Accommodate Religious Practices
The law directs all employers to accommodate the religious practices of employees at the workplace. However, any and every activity in the name of the religion does not qualify for the protection of the law. Activities that cause undue hardship to the employer or business operations cannot take place.
Health and safety are particular concerns for operational purposes in some industries. Healthcare, manufacturing, and hospitality often require employees to adhere to specific guidelines to protect the labor. Such guidelines require compliance with protocols on apparel, grooming, and shift schedule.
To determine what constitutes undue hardship, factors like the nature of the employee’s duties, and costs of the accommodation, impact on other employees, safety, and hike in operational costs. Performing an inordinate amount of work is also material to determine the same.
The EEOC clarifies that expression of dissatisfaction, complaints, or jealousy by other employees does not qualify as an undue hardship.
However, the EEOC qualifies assigning employees to a non-customer position due to customer preference as a violation of the Civil Rights Act of 1964.
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