Encountering Religion in the Workplace : The Legal Rights and Responsibilities of Workers and Employers

In a recent survey, 20 percent of the workers interviewed reported that they had either experienced religious prejudice while at work or knew of a coworker who had been subjected to some form of discriminatory conduct. Indeed, according to the Equal Employment Opportunity Commission, the filing of religious discrimination charges under Title VII of the Civil Rights Act of 1964 (which prohibits discrimination in employment based on race, color, national origin, sex, and religion) increased 75 percent between 1997 and 2008. The growing desire on the part of some religious groups to openly express their faith while at work has forced their employers and coworkers to reconsider the appropriateness of certain aspects of devotional conduct. Religion in the workplace does not sit well with all workers, and, from the employer's perspective, the presence of religious practice during the workday may be distracting and, at times, divisive. A thin line separates religious self-expression--by employees and employers--from unlawful proselytizing.In Encountering Religion in the Workplace, Raymond F. Gregory presents specific cases that cast light on the legal ramifications of mixing religion and work--in the office, on the factory floor, even within religious organizations. Court cases arising under Title VII and the First Amendment must be closely studied, Gregory argues, if we are to fully understand the difficulties that arise for employers and employees alike when they become involved in workplace disputes involving religion, and his book is an ideal resource for anyone hoping to understand this issue. In a recent survey, 20 percent of the workers interviewed reported that they had either experienced religious prejudice while at work or knew of a coworker who had been subjected to some form of discriminatory conduct. Indeed, according to the Equal Employment Opportunity Commission, the filing of religious discrimination charges under Title VII of the Civil Rights Act of 1964 (which prohibits discrimination in employment based on race, color, national origin, sex, and religion) increased 75 percent between 1997 and 2008. The growing desire on the part of some religious groups to openly express their faith while at work has forced their employers and coworkers to reconsider the appropriateness of certain aspects of devotional conduct. Religion in the workplace does not sit well with all workers, and, from the employer's perspective, the presence of religious practice during the workday may be distracting and, at times, divisive. A thin line separates religious self-expression—by employees and employers—from unlawful proselytizing. In Encountering Religion in the Workplace, Raymond F. Gregory presents specific cases that cast light on the legal ramifications of mixing religion and work—in the office, on the factory floor, even within religious organizations. Court cases arising under Title VII and the First Amendment must be closely studied, Gregory argues, if we are to fully understand the difficulties that arise for employers and employees alike when they become involved in workplace disputes involving religion, and his book is an ideal resource for anyone hoping to understand this issue. In a recent survey, 20 percent of the workers interviewed reported that they had either experienced religious prejudice while at work or knew of a coworker who had been subjected to some form of discriminatory conduct. Indeed, according to the Equal Employment Opportunity Commission, the filing of religious discrimination charges under Title VII of the Civil Rights Act of 1964 (which prohibits discrimination in employment based on race, color, national origin, sex, and religion) increased 75 percent between 1997 and 2008. The growing desire on the part of some religious groups to openly express their faith while at work has forced their employers and coworkers to reconsider the appropriateness of certain aspects of devotional conduct. Religion in the workplace does not sit well with all workers, and, from the employer's perspective, the presence of religious practice during the workday may be distracting and, at times, divisive. A thin line separates religious self-expression, by employees and employers, from unlawful proselytizing. In this work, the author presents specific cases that cast light on the legal ramifications of mixing religion and work, in the office, on the factory floor, even within religious organizations. Court cases arising under Title VII and the First Amendment must be closely studied, he argues, if we are to fully understand the difficulties that arise for employers and employees alike when they become involved in workplace disputes involving religion. Contents 7 Encountering Religion in the Workplace 9 Introduction 11 Part I Religious Discrimination in the Workplace 17 1 Is There a Place for Religion in the Workplace? 19 2 What Is Religion as Defined by Law? 25 3 Religious Discrimination and the Civil Rights Act of 1964 37 4 Religious Discrimination at Various Stages of the Employment Relationship 52 5 Religious Discrimination Claims Arising Out of the Termination of Employment 69 6 Employee Proselytization 80 7 Employer Proselytization 91 8 Employer Liability for Employee Acts of Religious Harassment 101 9 Workplace Discrimination and Certain Religious Groups 109 Part II Religion and the Public-Sector Workplace 125 10 Religion in the Public-Sector Workplace 127 11 Proselytizing in the Public-Sector Workplace 140 Part III Exemptions to Discrimination Laws 149 12 Exemptions from the Discrimination Laws Granted to Religious Organizations 151 13 The Ministerial Exception 169 14 Questionable Applications of the Ministerial Exception 180 Part IV Accommodating Worker Religious Practices 191 15 General Principles of Accommodation 193 16 Accommodation in Practice 205 17 Accommodation in Out-of-the-Ordinary Circumstances 215 Part V Retaliation and Other Issues 223 18 Religious Discrimination and Retaliation 225 19 Some Additional Issues 240 20 Religion and the Law in the Workplace of the Future 251 Notes 257 Cases Discussed in the Book 265 Index 271 Introduction Part I. Religious Discrimination in the Workplace 1. Is There a Place for Religion in the Workplace? 2. What Is Religion as Defi ned by Law? 3. Religious Discrimination and the Civil Rights Act of 1964 4. Religious Discrimination at Various Stages of the Employment Relationship 5. Religious Discrimination Claims Arising Out of the Termination of Employment 6. Employee Proselytization 7. Employer Proselytization 8. Employer Liability for Employee Acts of Religious Harassment 9. Workplace Discrimination and Certain Religious Groups Part II. Religion and the Public-Sector Workplace 10. Religion in the Public-Sector Workplace 11. Proselytizing in the Public-Sector Workplace Part III. Exemptions to Discrimination Laws 12. Exemptions from the Discrimination Laws Granted to Religious Organizations 13. The Ministerial Exception 14. Questionable Applications of the Ministerial Exception Part IV. Accommodating Worker Religious Practices 15. General Principles of Accommodation 16. Accommodation in Practice 17. Accommodation in Out-of-the-Ordinary Circumstances Part V. Retaliation and Other Issues 18. Religious Discrimination and Retaliation 19. Some Additional Issues 20. Religion and the Law in the Workplace of the Future Notes List of Cases Discussed in the Book Index