Wednesday, July 23, 2008
Some of the highlights from the BNA Daily Labor Report (subscription required) explaining different types of religious discrimination in employment:
Treating applicants or employees differently based on their religious beliefs or practices - or lack thereof - in any aspect of employment, including recruitment, hiring, assignments, discipline, promotion, and benefits (disparate treatment);
Subjecting employees to harassment because of their religious beliefs or practices - or lack thereof - or because of the religious practices or beliefs of people with whom they associate (e.g., relatives, friends, etc.);
Denying a requested reasonable accommodation of an applicant's or employee's sincerely held religious beliefs or practices - or lack thereof - if an accommodation will not impose more than a de minimis cost or burden on business operations; and,
Retaliating against an applicant or employee who has engaged in protected activity, including participation (e.g., filing an EEO charge or testifying as a witness in someone else's EEO matter), or opposition to religious discrimination (e.g., complaining to human resources department about alleged religious discrimination).
There is not much new here, but it is an attempt by the EEOC to put all current law in this area in one place. Importantly, "the 94-page . . . . revised compliance manual section tracks EEOC's own litigation on religious discrimination, describes relevant case law, and shows where EEOC's positions differ from those adopted by some lower federal courts. EEOC's regulations on religious discrimination, codified at 29 C.F.R. § 1605, are not affected by the new compliance manual section."
For the full document, go here.