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
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.
Unite States. Department of Justice. Title Vii of the Civil Act Rights of 1964. United States, 1964.
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
Religious Discrimination according to the Equal Employment Opportunity Commission, involves treating a person (applicant or employee) unfavorably because of his or her religious beliefs. It can also involve treating someone differently because that person is married to or associated with an individual of a particular religion or because of his or her connection with a religious organization/group. Today, most twenty-first century managers are familiar with Title VII of the Civil Rights Act of 1964, which states that failing or refusing to accommodate an employee’s religious practices, or taking adverse employment action based on a person’s religion can result in charges of discrimination (EEOC). Therefore, managers should not use or inquire about an individual’s religious beliefs unless an accommodation is requested.
In the United States, racial discrimination has a lengthy history, dating back to the biblical period. Racial discrimination is a term used to characterize disruptive or discriminatory behaviors afflicted on a person because of his or her ethnic background. In other words, every t...
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.
Aimlessly walking, side by side, past, behind and in front of entities that contain an unimaginable capacity to store information. Cloaked by the vessle they inhabit; they perform the dance of their day. Each individual molded carefully by their history. Condemed they are, by the string of terms that are webbed by their identiy tags. Like chracters in a movie or a novel, individualas are created by the setting that surrounds them, and are defined and interpreted by the those who look upon them. Each and every individual is a peformer. Who we are is a product of a rhearsed, scheme of human action. We are socailly contructed, individualistic bodies with identities that are constantly in the process of transforming. Daily we play multiple roles, such as mother, son, doctor, patient, teacher and student. Socail scrips intertwine with these roles we play. Cultural intructions provided for how we must ineract and react to the roles of others. As individuals are engaged in their daily activities they internalize learned concepts that can often disfigure the image of a role being performed. Some individuals can be undermined and distorted by the values and performance they choose. The performance they choose to carry can put them in a classification that is below the cultural norm. One term can produce a mass of inimical characteristics fashioned from the past. Ignorant, narrow-minded, immoral, corrupt, sinful, deciteful, and bigoted are identities that are tied to their beilfs; a part of who they are. A part of their identiy that can not be concealed by an means of body modification. As a society we unwitteldly accept Christian hegemony in the United State through which we then actively participate in the encouragement of cultural myths...
According to Corley, Reed, Shedd, and Morehead, (2001) “the most important statue eliminating discriminatory employment practices, however, is the federal Civil Rights Act of 1964, as amended by the Equal Employment Opportunity Act o 1972 and the Civil Rights Act of 1991.” The appropriation section o...
Abstract- Racial discrimination happens all the time and most of us are unaware of it. The most common place for this to happen is in the workplace. Now people can be discriminated against because of their race, religion, or any other numerous things. Also, discrimination can occur during the job interview or even after you got the job. This paper will shoe the effects of racial discrimination and how it can be prevented. In addition there are some very important laws that deal specifically with discrimination, like the NAACP or Affirmative Action. These both will be discussed.
Work plays an important role in our daily life, it is considered much more huge part of our personal life. During our daily work we make many relationships throughout our career history. Sometimes these relationships become lasting, and sometimes employment discrimination might happen. This relationships that we thought it last could be cut off by the devastation of claims of discriminatory treatment. Discrimination in the workforce has been an issue since the first people of workers in United States in the present day and as well in the past. Some employees were subjected to a harsh working conditions, verbal abuse, denial of advancement,, and many other injustices. There was also the fact that certain employees were being treated differently than other employees.
“Provisions of the International Religious Freedom Act.” Facts On File Issues and Controversies. Jan 21 2000:18.
Discrimination based on or derived from religion has been a cause of significant suffering. Prejudice directed against people based on their religious beliefs, practice, identification or association has resulted in a wide range of discriminatory practices. Prejudice and discrimination based on religion continue to be problems even in countries that otherwise has achieved a high level of religious diversity. Prejudice based on religion has been used to justify discrimination against those with different religious beliefs, individuals of various ethnicities, those who are not exclus...