What is discrimination on the basis of religion under Title VII?

Religious discrimination is intentional conduct or policies that treat or affect individuals differently based upon their religious beliefs or affiliations. This includes any of the intentional discrimination, such as failing to hire, firing, or allowing different benefits.

What is required to show discrimination based upon religion?

An employers policy may have a discriminatory impact if it unduly affects certain employees ability to observe or practice their religion in the workplace.

Employers must generally make reasonable accommodations for the religious needs or practices of their employees.

The limitation on accommodating religious beliefs or practices is when it results in an undue hardship on the employer.

Undue hardships generally result from a material disruption in job performance or business operations.

Note: A well-founded exception to the religious accommodation rule is that religious organizations may discriminate in their employment practices on the basis of religion. This is a form of business necessity. For example, a church may refuse to hire a non-Christian based upon the difference in religious belief. This exception exists to accommodate the business purpose of religious organizations.

Example: Mays religion requires her to wear a headdress. Her employer bans the wearing of any headwear during the workday. Unless the employer has a valid business necessity for limiting headdresses, the policy may violate Mays religious rights under Title VII. The court would examine whether allowing an exception for May would be an undue burden on the employer.