Accommodating religious beliefs

Posted by / 28-Jul-2020 18:04

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To be effective, a reasonable accommodation offered by the employer must be sufficient to eliminate the conflict between the employee’s religious practice and the employer’s employment policy or practice.

The accommodation should also maintain the individual’s employment status without any loss in pay, benefits, or any other terms or conditions of employment.

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It's therefore important for you to seek out a lawyer who is experienced in the relevant area of employment law.

For example, employers typically can't monitor personal telephone conversations or search an employee's car.

Title VII defines the term “religion” to “include all aspects of religious observance and practice, as well as belief.” According to Equal Employment Opportunity Commission (EEOC) guidelines, a religious practice includes “moral or ethical beliefs as to what is right and wrong which are sincerely held with the strength of traditional religious views.” The religion does not need to be widely practiced, formally organized, or include traditional religious elements such as a belief in a superior being or the afterlife.

For example, vegetarianism has been found by courts to be a religion, as has atheism. Cultural and political beliefs are not protected as religion.

Under federal law, employees may not be terminated on the basis of their race, gender, ethnicity, religion, disability or age.

Employers who do so may be subject to civil liability for wrongful termination.

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