Accommodating religious practices in the workplace
Muslim employees seeking accommodations to wear hajibs, to set aside time or space for daily prayer, or to perform ablutions before prayers; or, in meatpacking plants, to abstain from handling pork, often meet with antagonism from employers and co-workers. We will briefly examine the post-9/11 history of workplace accommodations of Islamic religious customs., or headscarf, is for many Muslim females a visible expression of their faith, piety or modesty, and represents a tangible manifestation of their religious identity.Employers often do not see headscarves in the same light, and relying on uniform dress codes, their desire to maintain their corporate image, or the nebulous concept of “customer preference,” have over the years objected to wearing traditional Islamic head coverings at work.Flexible scheduling, voluntary substitutions or swaps, job reassignments and lateral transfers and modifying workplace practices, policies and/or procedures are examples of how an employer might accommodate an employee's religious beliefs.An employer is not required to accommodate an employee's religious beliefs and practices if doing so would impose an undue hardship on the employers' legitimate business interests.This latest [email protected] toolkit looks at how employers can manage religious diversity in the workplace; identifiying challenges and providing practical solutions and good practices to respond to these challenges.
The law firm Rothman Gordon was retained by Boilermakers Local Lodge No. Hudson of Neil, Dymott, Frank, Mc Fall, Trexler, Mc Cabe & Hudson APLC was elected as the 2017 President of the Association of Southern California Defense Counsel (ASCDC), one of the nation’s largest State Civil Defense Organizations. Gosseen* Ganfer & Shore, LLP New York, NY Allegations by Muslims of workplace discrimination are rising, with the number of annual complaints more than doubling since 2004, according to Equal Employment Opportunity Commission (“EEOC”) data.
This is much more favorable for employers than the standard under the Americans with Disabilities Act (ADA).
Since that ruling, however, the Equal Employment Opportunity Commission (EEOC) and many courts have applied a more stringent test, placing in question the precise standard to be applied.
Title VII of the Civil Rights Act of 1964 prohibits discrimination, harassment, and retaliation based on an employee’s religion. Thus, the law’s protection extends beyond “traditional” religions.
Supreme Court has defined “religious belief” as a belief that is both “religious” in the employee’s own scheme of things and sincerely held by the employee.
For example, an employer may not refuse to hire individuals of a certain religion, may not impose stricter promotion requirements for persons of a certain religion, and may not impose more or different work requirements on an employee because of that employee's religious beliefs or practices.