HR Training Recruting

EEOC Discrimination Charges On The Rise

Achilles Group

December 1, 2011

Although Muslims make up less than 2 percent of the United States population, they accounted for about one-quarter of the 3,386 religious discrimination claims filed with the Equal Employment Opportunity Commission (EEOC) in 2009.  According to federal data, Muslim workers filed a record 803 claims in 2009, which is up by 20% from 2008 and up nearly 60% from 2005.  While the claims brought by Muslims outnumber those brought by members of other religious groups, the overall number of religious discrimination charges filed with the EEOC has nearly doubled in the past twelve years from 1,709 charges in 1997 to 3,386 in 2009, making religious discrimination claims the fastest growing category of charges filed with the EEOC.

           

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A Hands-on Approach
In order to avoid potential religious discrimination claims by employees of all faiths, employers need to understand their duties under Title VII, and they need to communicate those duties and expectations to their employees.

  • What are "Reasonable Accommodations?"
    The EEOC defines an accommodation as "any adjustment to the work environment that will allow the employee to comply with his or her religious beliefs." The most common accommodation requests involve dress and/or grooming standards, work schedules, and religious practice or expression at work. Some other accommodations include: Flexible scheduling, voluntary substitutions or swaps, job reassignments and lateral transfers http://www.twc.state.tx.us/crd/facts.html. If an employee makes a request for a religious accommodation that cannot be executed promptly, an employer should consider offering a different method of accommodation on a temporary basis, while a permanent accommodation is being investigated, and keeping the employee updated on the employer's efforts to implement a permanent accommodation. See EEOC's Best Practices for Eradicating Religious Discrimination in the Workplace, available at http://www.eeoc.gov/policy/docs/best_practices_religion.html.
  • Educate Employees about their Responsibilities
    While employers must try to resolve conflicts between religious needs and work-related duties, employees must do the same. They should offer as much notice as possible when they need to take time off for holy days, and they should work their vacation schedules or personal days around these times. Upon hiring or during job training, employers should communicate their expectations to employees; an annual refresher course for all employees, including managers, can help head off conflicts.
  • Consider Religious Clothing When Developing Dress Codes
    Many religions require a particular type of dress or symbols, from tattoos for Coptic Christians to yarmulkes for devout Jewish men to hijabs, or head scarves, for devout Muslim women. Employers must factor these types of religious garb into their formal dress codes and informal expectations for what employees can wear.
    One of the few relatively clear rules about religious symbols or clothing representing an undue hardship involves safety issues. If a particular type of religious garb could represent a safety risk for that particular employee's job, the employer generally has the right to dictate what the employee can or cannot wear.
  • Laws Apply to Applicants, Too
    It is illegal to ask job applicants about their religion or observance of religious holidays during any point of the hiring process. Asking if an applicant's religion will prevent them from working holidays and weekends is not acceptable-rather, the employee must alert the employer about needed days off once he or she is hired. However, employers can describe the hours and duties that a job entails during the interview process.
  • "Joking" Comments
    When someone in the workplace makes comments about a person's religion, or supposed religion, that can quickly cross the line into religious discrimination, even if they insist it was all in good fun. The company should clearly lay out what the boundaries are for unacceptable personal comments and enforce those as soon as they become aware of the comments or a complaint is filed.

The United States is on track to become more, and not less, religiously diverse. With the proper planning and policies, employers can create an environment where employees of all religions, as well as no religions, feel valued. This also helps the company minimize its exposure to potential religious discrimination lawsuits.

For more information contact the Achilles Group at 281.469.1800.