Hr420-Employment Law

HR420-01: Employment Law

Unit 6 Project

Religious Discrimination and Harassment in the Workplace

Tuesday, November 02, 2010

Introduction

Religious views, beliefs and lack thereof are protected within the First Amendment to the United States Constitution. It also prohibits Congress from establishing a national religion which ensures the freedom of citizens to engage in whatever religious practices they wish. Title VII has also outlawed discrimination in the workplace based on religion. This ensures equal protection in the workplace against forms of discrimination and/or harassment.

The first amendment addresses religion in two respects. “First it prohibits the government from establishing a national religion” [ (United States Equal Employment Opportunity Commision, 2010) ] and Religious discrimination can have a negative effect against all beliefs and religions. Followers of Christianity, Islam, Hinduism and Judaism all have a stake in the success of their employer and the employer legally and morally should not discriminate against their employee religious practices. While the constitution guarantees that Congress does not infringe on these freedoms, Title VII protects individuals from employer discrimination.

Religious affiliation is a protected class under Title VII and bars employers from discriminating and harassing workers based on their religious preference. According to the United States Equal Employment Opportunity Commission (EEOC) harassment is defined as “offensive remarks about a person’s religious beliefs or practices” [ (2010) ] and even though this does not apply to simple teasing, offhand remarks or isolated incidents that are not very serious. Harassment is illegal when it is frequent and severe which creates a hostile work environment or when certain views affect employment decisions.

An employer or other covered entities should provide reasonable accommodations to an employee’s religious beliefs under the law,...