Title VII of the Civil Rights Act of 1964 prohibits employers with at least 15 employees and employment agencies and unions from discriminating in employment based on race, color, religion, sex and national origin. It also prohibits retaliation against persons who complain of discrimination or participate in an Equal Employment Opportunity investigation.
Best practices to eradicate religious discrimination in the workplace
Establishing written objective criteria for evaluating candidates for hire or promotion and applying those criteria consistently to all candidates.
Ask the same questions of all applicants during job interviews for a particular job or category of job and inquire about matters directly related to the position in question.
Record the accurate business reasons for disciplinary or performance-related actions and share these reasons with the affected employees in a timely manner.
Provide training to inexperienced managers and encouraging them to consult with more experienced managers or human resources personnel when addressing difficult issues.
Educate customers regarding misperceptions and equal employment opportunity laws when confronted with customer biases, e.g., an adverse reaction to being served by an employee due to religious garb.
Developing an anti-harassment policy
Employers should have a well-publicized and consistently applied anti-harassment policy that:
Covers religious harassment
Clearly explains what is prohibited
Describes procedures for bringing harassment to management’s attention, including harassment perpetrated by a non-employee, such as a contractor
Contains an assurance that complainants will be protected against retaliation
The procedures should include a complaint mechanism that includes multiple avenues for:
Complaint
Prompt, thorough and impartial investigations
Prompt and appropriate corrective action
Religious conduct and expression in the workplace
Employers should allow religious expression among employees to the same extent that they allow other types of personal expression that are not harassing or disruptive. While supervisors are permitted to engage in certain religious expressions, they should avoid expressions that might – due to their supervisory authority – reasonably be perceived by subordinates as coercive, even when not so intended.
Employees who are the recipients of unwelcome religious conduct should inform the individual engaging in the conduct that they wish it to stop. If the conduct does not stop, employees should report it to their supervisor or other appropriate company official in accordance with the procedures established in the company’s anti-harassment policy. Employees who do not wish to personally confront an individual who is directing unwelcome religious or anti-religious conduct towards them should report it to their supervisor or another appropriate company official in accordance with the company’s anti-harassment policy.
Employers should encourage managers to intervene proactively and discuss with subordinates whether a particular religious expression is welcome if the manager believes the expression might be construed as harassing to a reasonable person.
If an employer notices that an employee objects to religious conduct directed at him or her, the employer should take steps to end the conduct. Even conduct that the employer does not regard as abusive can become severe or pervasive to affect the conditions of employment if allowed to persist in the face of the employee’s objection.
To prevent conflicts from escalating to a Title VII violation level, employers should immediately intervene when they become aware of objectively abusive or insulting conduct, even absent a complaint.
Source: U.S. Equal Employment Opportunity Commission
