Justice360 - Legal Bulletin: Employment Discrimination

With the increasing number of Muslims in the United States (Alhamdullillah!), employers are now experiencing Islam and the distinctive challenges it presents in the workplace, including hijab, salat, wearing a beard, and dietary restrictions. Religious discrimination against Muslim women wearing hijab has been a particularly troubling occurrence. According to officials at the Council for American Islamic Relations (CAIR), in the first three months of 2010, more than 40 women in separate incidences reported discrimination related to wearing hijab.

The purpose of this article is to educate the Muslims community about their employer’s duties and responsibilities regarding religious freedom in the workplace under Federal anti-discrimination law, in particular Title VII of the Civil Rights Act of 1964, and to give advice about what an employee or applicant should do if he/she believes they have experienced religious discrimination.

Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating in employment based on race, color, religion, sex, and national origin. With respect to religion, Title VII prohibits:

1. Treating applicants or employees differently based on their religious beliefs in any aspect of employment including recruitment, hiring, assignments, discipline, promotion or benefits (disparate treatment)

Treating employees or applicants disparately violates Title VII whether the difference is motivated by bias against or a preference toward an applicant or employee due to his/her religious beliefs. For example, employers may not refuse to recruit, hire, or promote individuals of a certain religion. Employers may also not refuse to hire an applicant simply because he/she does not share the employer’s religious beliefs. Moreover, employment agencies may not comply with requests for employers to engage in discriminatory recruitment or referral practices such as screening out applicants who have names often associated with a particular religion (i.e. Mohammed).

2. Subjecting employees to harassment because of their religious beliefs or practices

Religious harassment in violation of the law occurs when employees are (1) required or coerced to abandon, alter or adopt a religious practice as a condition of employment or (2) subjected to unwelcome statements or conduct that is based on religion and is so severe or pervasive that the individual being harassed reasonably finds the work environment to be hostile or abusive.

3. Denying a requested reasonable accommodation of an applicant’s or employee’s sincerely held religious beliefs or practices, if an accommodation will not impose more than a de minimis (very small) cost or burden on business operations

Title VII requires an employer, once on notice that a religious accommodation is needed, to reasonably accommodate an employee whose sincerely held religious belief, practice, or observance conflicts with a work requirement, unless doing so would pose an undue hardship. However, an applicant or employee who seeks religious accommodation MUST make the employer aware both of the need for accommodation and that it is being requested due to a conflict between religion and work.

If any employee or job applicant believes that they have experienced religious discrimination, as described above, they should attempt to address their concern with the alleged offender and if that does not work, report any unfair or harassing treatment to the employer. They should keep records documenting what they experienced or witnessed, as well as other witness names, telephone numbers, and addresses.

Employees may file a charge with the Equal Employment Opportunity Commission (EEOC), and are legally protected from being punished for reporting or opposing job discrimination or for participating in an EEOC investigation. Charges may be filed in person, by mail, or by telephone to the nearest EEOC office. For more details, visit: http://www.eeoc.gov/employees/howtofile.cfm

The author of this article can be reached via email at Justice360@muslimcongress.org. For more information about Justice360,

visit http://www.muslimcongress.org/360.

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