[ Discrimination on the basis of Religion ]
This type of discrimination is slightly different than individual disparate treatment. Here Title VII makes it unlawful for employers for failing to reasonably accommodate religious practices and observances. However, certain religious employers can discriminate as religion may be a bona fide occupational requirement in those settings like churches or seminaries. Also, there is a further complication with the First Amendment's bar on government sanctioning religion.
In these situations, animus/intent may be admitted or inferred from circumstantial evidence. To escape the duty to accommodate, an employer would have to show that a religious observance or practice would create an undue hardship on the conduct of their business or would impose an unfair burden to other employees.
There are five elements* that are usually weighed in deciding these cases
(*The Fifth Element has been considered but not evaluated as a required part of a charge of religious discrimination. Source Van Koten v. Family Health Management, Inc., 1998 U.S. App. LEXIS 1837)
| Title VII of the 1964 Civil Rights Act prohibits discrimination on the basis of religion. The EEOC and state agencies, through work-share agreements, enforces the statute through administrative procedures. If you have been discriminated against then contacting a local EEOC office or the state level equivalent with a certain amount of time is the first step that is taken outside of your employer's procedures. | If the EEOC (or state agency) determines that you have a case with merit it will pursue your case with and for you, often initiating administrative procedures including conciliation or mediations to remedy the situation. If this is unsuccessful they will either sue the employer on your behalf, or issue a "right to sue" letter on your behalf - allowing you to retain counsel to commence litigation. |