b'Religious DiscriminationWho, What, Why . . . Who does it apply to: The law applies to all employers with 15What if my employee violates without consent: Choose carefully or more employees. who you place in charge. Employees placed in positions of authority with the power to control the circumstances of other What is the issue: Title VII was passed in the 1960s to protectemployeesarenotpersonallyliable. Theirliabilityisplaced against discrimination based on race, color, religion, sex orwith the employer even if the employee acts without authority. national origin. The same is true of independent contractors (whether properly characterizedornot)placedinpositionsofauthorityover WhatamIrequiredtodo:Employersarerequirednottoemployees.discriminate against employees on the basis of religion. More specifically, employers are required not to treat an employeeWhat if religion is a requirement of the job: Sometimes a persons adverselywithanyconsiderationofhisorherreligioninreligion may affect his or her ability to get a job. With religion, this relationship to any significant aspect of employment. usually occurs with churches and other denomination-focused businesses. Under Title VII these business are exempt from the What constitutes a violation: There are two kinds of violations:religious toleration requirement. This exemption is complicated, direct mistreatment and disparate impact. Direct mistreatmenthowever.Youshouldalwayscheckwithyouremployment isstraightforward.Ifanemployeraffirmativelymistreatsancounsel before acting under the exemption.employee because of religion by failing to hire, firing, demoting or any other type of significant slight someone might dream up,Can retaliation play a part: Title VII protects employees who it can be actionable as religious discrimination. engageinprotectedactivitiessuchassupportinganother employeesclaimofdiscrimination,resistinginstructionto Disparate impact is more subtle. Even if an employer createsdiscriminate, and filing a complaint about discrimination with a policy that is neutral or non-discriminatory on its face, thatthe employer or Equal Employment Opportunity Commission policymighthaveaconsequenceofnegativelyimpacting(EEOC).Employerscannotnegativelyimpactasignificant workers of one religion more significantly than others. If anaspect of employment for an employee who supports anothers employer institutes a policy that employees must all be clean- religious views or their complaint against religious discrimination. shaven, the policy itself does not seem discriminatory becauseEmployersalsocannotretaliateagainstanemployeefor it may affect any worker. That said, certain religions requirecomplaining of religious discrimination or making a charge of their adherents to grow beards. This seemingly neutral rule hasreligious discrimination with the EEOC.a disparate impact against workers of certain religions and may create a claim. Whataboutharassment:Evenifanemployerdoesnot discriminate against an employee directly, the employer may Whatcountsasreligion:Goodquestion.Whatcountsasbe liable if its employees harass an employee about his or her areligiongoeswaybeyondwhatmostemployerswouldreligion. The harassment must be significant enough to interfere think.Observancesareprotectedregardlessofwhetherwith the employees working conditions or ability to handle his the employee belongs to the particular body or sect whoseor her job, but little harassing actions can add up to enough observance they claim. Any observance based on a strongharassment to support a claim. An employer has a responsibility moral or ethical belief that is sincerely held with the strength ofto be aware of what is going on with its employees and discipline religious views may count. employees for harassing conduct. 55'