Discrimination Based on Religion

DISCRIMINATION BASED ON RELIGION Ohio Department of Administrative Services Equal Opportunity Division 8/22/2008 FEDERAL LAWS AND REGULATIONS • Title VII of the Civil Rights Act of 1964 is a federal law that protects individuals from discrimination based on religion. Title VII makes it illegal for an employer to discriminate against individuals because of their religion in hiring, firing, and other terms and conditions of employment, such as promotions, raises, and other job opportunities. Title VII covers employers with 15 or more employees, including state and local governments. It also applies to employment agencies and to labor organizations, as well as to the federal government. • • Source: http://www.eeoc.gov/policy/vii.html U.S. Equal Employment Opportunity Commission 8/22/2008 STATE OF OHIO CODES • The Administrative Rule 123:1-49 provides guidance and leadership to administer the state of Ohio Equal Employment Opportunity program and the internal discrimination complaint process. The Ohio Revised Code Section 4112 prohibits any act of unlawful discriminatory practice in employment. • 8/22/2008 STATE OF OHIO GUBERNATORIAL EXECUTIVE ORDER Executive Order 2007-10S, Establishing Policy Against Discrimination Based on Sexual Orientation or Gender Identification • Sexual Orientation: A person’s actual or perceived homosexuality, bisexuality, or heterosexuality, by orientation or practice, by and between adults who have the ability to give consent. Gender Identity: The gender a person associates with him or herself, regardless of the gender others might attribute to that person. • • http://das.ohio.gov/Eod/PDF%20Files/EO%202007-10S.pdf 8/22/2008 FEDERAL EEOC DEFINITION OF RELIGIOUS DISCRIMINATION • Religious discrimination is treating individuals differently in their employment because of their religion, their religious beliefs and practices, and/ or their request for accommodation (a change in workplace rule or policy) of their religious beliefs and practices. It also includes treating individuals differently in their employment because of their lack of religious belief or practice. • Source: http:// www.eeoc.gov/types/religion.html U.S. Equal Employment Opportunity Commission 8/22/2008 EXCEPTIONS TO ALLEGED DISCRIMINATION • • When work-related requirements are considered a business necessity. Bona Fide Occupational Qualification (BFOQ) if gender, religion or national origin is a BFOQ to perform the normal functions of the position. Union-based seniority systems that are not designed to discriminate. • Source: Human Resources Training Series HR Development and Training 8/22/2008 EXAMPLES OF DISCRIMINATION BASED ON RELIGION • Religion includes all aspects of religious observance and practice as well as belief. EEOC guidelines include moral or ethical beliefs as to what is right or wrong and which are sincerely held with the strength of traditional religious views. An employer may argue that an employee’s belief is fraudulent, but the courts seldom reject an employee’s assertion that a need for accommodation was derived from a religious belief. • • Source: http://www.eeoc.gov/types/religion.html U.S. Equal Employment Opportunity Commission 8/22/2008 EMPLOYEE RESPONSIBILITIES IN THE PREVENTION OF DISCRIMINATION • Employees should become familiar with their right to work in an environment free from employment discrimination. Employees should become acquainted with the agency’s policy and procedures for filing a discrimination complaint. Employees who are harassed should take appropriate steps at an early stage to prevent the continuation of the objectionable conduct. • • Source: http:// www.eeoc.gov/types/age.html EEOC Compliance Manual, Section 13 of the new Compliance Manual on “National Origin Discrimination.” 8/22/2008 AGENCY RESPONSIBILITIES IN THE PREVENTION OF DISCRIMINATION • Employers should establish anti-discrimination policies and complaint procedures covering all forms of unlawful discrimination. An employer’s discrimination complaint process should be clear and made available to all employees. • Source: http://www.eeoc.gov/types/age.html U.S. Equal Employment Opportunity Commission 8/22/2008 REASONABLE ACCOMMODATION An employer must propose a reasonable accommodation unless it can prove that any and all accommodations would pose an undue hardship. Source: http://www.eeoc.gov/types/religion.html U.S. Equal Employment Opportunity Commission 8/22/2008 WHAT STEPS MUST AN EMPLOYER TAKE TO ACCOMMODATE A REQUEST? • The burden of exploring all avenues of accommodation fall on the employer. An employer that offers a reasonable accommodation is not required to accept the employee’s requested accommodation. • Source: http://www.eeoc.gov/facts/fs-relig_ethnic.html U.S. Equal Employment Opportunity Commission 8/22/2008 WHAT ACCOMMODATIONS ARE CONSIDERED REASONABLE? • • Revising Work Schedules Voluntary Substitution and Swaps of Work assignments between employees. Having flexible scheduling of work hours, breaks and holidays. Lateral transfers of employees with religious conflicts to different assignments or locations. • • Source: http://www.eeoc.gov/facts/fs-relig_ethnic.html U.S. Equal Employment Opportunity Commission 8/22/2008 WHAT ACCOMMODATIONS ARE CONSIDERED REASONABLE? (continued) • • • • • Permitting use of leave without pay or use of accrued paid leave. Temporary scheduling or shift trades. Job trades or transfer to a new position. Relaxing dress codes. Accommodating speech or proselytizing. Source: http://www.eeoc.gov/types/religion.html U.S. Equal Employment Opportunity Commission 8/22/2008 WHAT IS AN UNDUE HARDSHIP? According to the EEOC, undue hardship is: – Anything “more than a de minimus cost.” – Impact on safety – Violation of the law – Breaches of collective bargaining agreements. Source: http://www.eeoc.gov/types/religion.html U.S. Equal Employment Opportunity Commission 8/22/2008 WHAT IS AN UNDUE HARDSHIP? (continued) – Cost of using temporary workers overtime. – Disruption in the workplace due to proselytizing. – An employer can show undue hardship if accommodating an employee's religious practices requires more than ordinary administrative costs, diminishes efficiency in other jobs, infringes on other employees' job rights or benefits, causes co-workers to carry the accommodated employee's share of potentially hazardous or burdensome work. Source: http://www.eeoc.gov/types/religion.html U.S. Equal Employment Opportunity Commission 8/22/2008 EEOC STATISTICS ON RELIGION DISCRIMINATION • According to the federal EEOC, in Fiscal Year 2007, the EEOC received 3,880 charges of religious discrimination. The EEOC resolved 2,525 religious discrimination charges, and recovered $6.4 million in monetary benefits for charging parties and other aggrieved individuals (not including monetary benefits obtained through litigation). • Source: http://www.eeoc.gov/types/religion.html U.S. Equal Employment Opportunity Commission 8/22/2008 EEOC SUPREME COURT DECISION BASED ON RELIGION EEOC v. Red Robin Gourmet Burgers, Inc. (#C04-1291) • The lawsuit claims that Red Robin refused to offer an employee any accommodation for his Kemetic religion, an ancient Egyptian faith. As part of his practice, the employee went through a rite where he received religious inscriptions as tattoos. The inscriptions, less than a quarter-inch wide and encircling his wrists, are a verse from an Egyptian scripture and are written in a liturgical language. They symbolize his dedication and servitude to his creator and his beliefs make it a sin to intentionally conceal the religious inscriptions. • Source: http://www.eeoc.gov/press/9-16-05.html U.S. Equal Employment Opportunity Commission 8/22/2008 EEOC SUPREME COURT DECISION BASED ON RELIGION (continued) • One of the management officials from Red Robin stated that the company has “Christian” values and that Red Robin seeks out “that allAmerican kid” from the suburbs for its server positions, not those with “that urban kind of experience.” The company agreed to settle the case paying the employee $150,000 and agreeing to make policy and procedural changes to insure that management understands its obligations to accommodate religious beliefs and employees have a better chance to have their needs fairly considered. • Source: http://www.eeoc.gov/press/9-16-05.html U.S. Equal Employment Opportunity Commission 8/22/2008 INTERNAL AND EXTERNAL RESOURCES FOR FILING COMPLAINTS  If you believe you may have been subject to discrimination, you may file your allegation with one or all of the following enforcement agencies:  DAS/ Equal Opportunity Division: The claim must be filed within 30 days of the alleged discriminatory incident. www.das.ohio.gov/eod  Ohio Civil Rights Commission: The claim must be files within 180 days of the alleged discriminatory incident. www.ohio.gov/crc  U.S. Equal Employment Opportunity Commission: The claim must be filed within 300 days of the alleged discriminatory incident. www.eeoc.gov 8/22/2008 STATE AGENCY RESOURCES For more information, you may contact your respective agency EEO Officer. www.das.ohio.gov/eod/AAEEOEnfOff.htm 8/22/2008 THANK YOU FOR YOUR ATTENTION! Ohio Department of Administrative Services Equal Opportunity Division For more information, you may contact our office by phone (614) 466-8380 or www.das.ohio.gov/eod 8/22/2008