religious harassment examples

The employer should be able to make the promptly correct showing, because it took prompt and reasonable corrective measures once it did learn of the harassment. 2015) (A staffing agency is liable for the discriminatory conduct of its joint-employer client if it participates in the discrimination, or if it knows or should have known of the clients discrimination and fails to take corrective measures within its control.). 2000) (addressing merits of Title VII religious accommodation claim based on plaintiffs refusal to participate in medical procedures that terminate a pregnancy); cf. 2004) ([A]n employer need not accommodate an employees religious beliefs if doing so would result in discrimination against his coworkers or deprive them of contractual or other statutory rights.); Virts v. Consol. OpukuBoateng, 95 F.3d at 1475 (ruling that employer violated Title VII because it offered no accommodation, such as employees suggestions of scheduling him instead for other equally undesirable shifts, and employer did not show undue hardship). In addition, if the commercial airline had denied Nasreen the position due to perceptions of customer preferences about religious attire, that would also be disparate treatment based on religion in violation of Title VII, because it would be the same as refusing to hire Nasreen because she is a Muslim. 2001)); cf. 2018) (although it was a close question, the district court did not err in finding that hospital, which was no longer affiliated with the United Methodist Church and took steps to distance itself from its religious heritage, was a religious group, at least with respect to its Department of Pastoral Care, because the Departments operations were marked by clear or obvious religious characteristics); Grussgott v. Milwaukee Jewish Day Sch., Inc., 882 F.3d 655 (7th Cir. (Aug. 28, 2019), (finding that the University of Vermont Medical Center unlawfully forced health care personnel, including nurses, to assist in abortions), https://www.hhs.gov/sites/default/files/uvmmc-nov-letter_508.pdf. (This is. Reports of assaults related to religion were most widespread in the Middle East and North Africa, where 12 of 20 countries in the region had such incidents (60%), followed by the Asia-Pacific region (25 of 50 countries). 2d 464, 470-71 (S.D.N.Y. [33] Compare Fallon, 877 F.3d at 492-93 (recognizing that anti-vaccination beliefs such as those held by Christian Scientists can be part of a broader religious faith and therefore subject to Title VII religious accommodation in some circumstances, but concluding that plaintiffs beliefs did not qualify as religious because he simply worries about the health effects of the flu vaccine, disbelieves the scientifically accepted view that it is harmless to most people, and wishes to avoid this vaccine.), with Chenzira v. Cincinnati Child.s Hosp. If the harassment continues, the employer is liable because it knew, through the supervisor, about Ricks harassing conduct but failed to take prompt and appropriate corrective action. In this situation, an employer should also keep the employee apprised of the status of the employers efforts to implement a permanent accommodation. Most of those killed were Rohingya Muslims, and some were Christians, according to USCIRF. [140] For further discussion of how to analyze when accommodation of religious expression would pose an undue hardship, refer to the sections on Harassment at 12-III-C and Accommodation at 12-IV-C-6. For example, terminating rather than accommodating an employee may give rise to allegations of both denial of accommodation and discriminatory discharge. For example, if a company has a policy that all employees in its retail stores must wear shirts conveying messages celebrating LGBTQ Pride in the month of June, or that requires employees to say Jesus is our Savior when answering the phone during the Christmas season, the company may have an obligation to accommodate employees who cannot convey these messages because of religious beliefs. 12113(d)(1). [68] For the purposes of this subchapter [t]he term religion includes all aspects of religious observance and practice, as well as belief. 42 U.S.C. [38] Dockery v. Maryville Acad., 379 F. Supp. The employer will probably be unable to show that allowing Susan to display a religious message in her personal workspace posed an undue hardship, unless there was evidence of disruption to the business or the workplace which resulted. [214] See, e.g., Dixon v. Hallmark Cos., 627 F.3d 849, 856 (11th Cir. Even if Tina preferred a different schedule, the employer is not required to grant Tinas preferred accommodation. Number of countries with very high government restrictions on religion ticked down in 2018, Government versus social harassment of groups, Harassment of Christians and Muslims by region, 3. [137] This type of fact pattern also arises where there is no comparator. is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise. 42 U.S.C. 42 U.S.C. Response: The final guidance includes a clear statement that the Commission is referencing these laws for informational purposes and is not opining on any of their requirements or whether they would require additional burdens on employers beyond Title VIIs analysis for reasonable accommodation. An employer need not provide a reasonable accommodation if doing so would cause undue hardship on the conduct of the employers business, which the Supreme Court has interpreted to mean an accommodation that would require the employer to bear more than a de minimis cost or burden. To prevent conflicts from escalating to the level of a Title VII violation, employers should immediately intervene when they become aware of objectively abusive or insulting conduct, even absent a complaint. without undue hardship on the conduct of the employers business.[4] Undue hardship under Title VII is not defined in the statute but has been defined by the Supreme Court as more than a de minimis cost[5] a lower standard for employers to satisfy than the undue hardship defense under the Americans with Disabilities Act (ADA), which is defined by statute as significant difficulty or expense.[6], These protections apply whether the religious beliefs or practices in question are common or non-traditional, and regardless of whether they are recognized by any organized religion. 2014) (analyzing disparate impact claim arising from disproportionate effect of employers dress code provision on those wearing certain types of religious garb); Jenkins v. N.Y. City Transit Auth., 646 F. Supp. When there is more than one method of accommodation available that would not cause undue hardship, the investigator should evaluate whether the accommodation offered is reasonable by examining: (1) whether any alternative accommodation that was available was reasonable; (2) whether R considered any alternatives for accommodation; (3) the alternative(s) for accommodation, if any, that R actually offered to CP; (4) whether the alternative(s) the employer offered eliminated the conflict; and (5) whether the alternative(s) the employer offered adversely affected CPs terms, conditions, or privileges of employment or employment opportunities, as compared to other available accommodations (e.g., a loss in pay). If R asserts CP failed to cooperate with R in reaching an accommodation, obtain any available evidence regarding the relevant communications between R and CP, including any evidence documenting CPs refusal of any offer of reasonable accommodation. See In re Young, 82 F.3d 1407, 1417 (8th Cir. . 001896DWFSRN, 2001 WL 1636504 (D. Minn. Oct. 18, 2001) (holding that a Muslim employee who was ostracized by colleagues because he refused to shake hands with female colleagues did not suffer a materially adverse change in the terms and conditions of employment). In the vast majority of countries around the world, at least one act of religion-related harassment is reported each year. 2002); Bushouse v. Local Union 2209, 164 F. Supp. Because of the timing of the statement and the direct physical threat, this incident, alone, is sufficiently severe to create an objectively hostile and/or abusive work environment. [19] See Thomas v. Rev. 2:07cv1167, 2010 WL 522826, at *810 (S.D. [141] However, there may be special circumstances where religion can be a bona fide occupational qualification for a particular position. Examples Conduct in Libraries: Supporting Library Workers and Health Serv., Inc., 244 F.3d 495, 501 (5th Cir. of Med., 805 F.2d 528 (5th Cir. Res. 1990); see Mahler v. First Dakota Title Ltd. Pship, 931 F.3d 799, 806 (8th Cir. [105] See id. 1605.2(e). Catholics and Protestants filed 13 percent of claims in 2013. Notwithstanding this pressure to conform his religious practices in order to be promoted, Wamiq refuses to attend the weekly prayer sessions, and is subsequently denied the promotion for which he applied even though he is the most qualified. [222] See, e.g., EEOC v. Arlington Transit Mix, Inc., 957 F.2d 219, 222 (6th Cir. Religious Harassment and Bullying in the Workplace Abercrombie & Fitch Stores, Inc., 135 S. Ct. at 2033-34 ([R]eligious practice is one of the protected characteristics that cannot be accorded disparate treatment and must be accommodated.). [181], One Instance of Physically Threatening Conduct Sufficiently Severe, Ihsaan is a Muslim. I got tired and I allowed the religious nuts to pray for me but then they continued with their nonsense. The year 2020 also saw an increase in the number of countries where religiously unaffiliated people (including atheists and agnostics) faced harassment 27, up from 22 in 2019. [185], No Hostile Environment from Comments That Are Not Abusive and Not Directed at Complaining Employee. (The U.S. Department of Justice later supported the tribes lawsuit against the town, and the parties eventually settled in June 2019.46). may state a claim of a hostile work environment, even if the words are not directed specifically at the plaintiff.); Williams v. Gen. Motors Corp., 187 F.3d 553, 563 (6th Cir. [198] Therefore, while Title VII requires employers to accommodate an employees sincerely held religious belief in engaging in religious expression (e.g. , [prison] had enough information to make a reasonable employer think there was some probability that [the employee] was being sexually harassed, yet took no remedial action as it was obligated to do under Title VII (quotation marks and citations omitted)), with Berry v. Delta Airlines, Inc., 260 F.3d 803 (7th Cir. [142], Title VII permits employers to hire and employ employees on the basis of religion if religion is a bona fide occupational qualification [BFOQ] reasonably necessary to the normal operation of that particular business or enterprise.[143] Religious organizations do not typically need to rely on this BFOQ defense because the religious organization exemption in Title VII permits them to prefer employees of a particular religion. 01 Civ.2096 (CBM), 2004 WL 1444852, at *10 (S.D.N.Y. . . 2000e-2(e)(1). When he seeks a promotion to manage the division responsible for sterilizing the instruments, his employer tells him that, to work in that division, he must shave or trim his beard because otherwise his beard may contaminate the sterile field. 2017) (stating that the district court appropriately ordered discovery limited to whether [plaintiff] was a minister within the meaning of the exception when it found that it could not determine whether the ministerial exception applied on a motion to dismiss). 16-117, 2017 WL 2619134, at *4 n.3 (W.D. ; see also Hosanna-Tabor, 565 U.S. at 188 (agreeing that the ministerial exception precludes application of such legislation to claims concerning the employment relationship between a religious institution and its ministers). 2007) (affirming summary judgment, citing lack of statistical evidence for employer on Title VII claim brought by teacher who asserted policy favoring teachers whose children attended the public schools had a disparate impact on those whose children attended private school for religious rather than secular reasons); Muhammad v. N.Y. City Transit Auth., 52 F. Supp. Burwell v. Hobby Lobby Stores, Inc., 573 U.S. 682, 725 (2014) (in determining whether an agency rule contravened a closely held corporations rights under the Religious Freedom Restoration Act, it is not for the Court to say that . This can often be connected to cultural and religious persecution or prejudice and it can take a number of different forms. . of Civ. [161], Harassing Conduct Based on Religion Religion Not Mentioned, Shoshanna is a Seventh-day Adventist whose work schedule was adjusted to accommodate her Sabbath observance, which begins at sundown each Friday. [140] Determining whether religious expression disrupts coworkers or customers is discussed in 12-III-C and 12IV-C-6, infra. 1989) (Any proffered hardship . Harinder, who wears a turban as part of his Sikh religion, is hired to work at the counter in a coffee shop. 1985) (While the language of 702 makes clear that religious institutions may base relevant hiring decisions upon religious preferences, Title VII does not confer upon religious organizations a license to make those same decisions on the basis of race, sex, or national origin.); cf. 1987) (where plaintiff believed it was morally wrong to work on the Sabbath and that it was a sin to induce another employee to do so, it was not a reasonable accommodation for employer simply to be amenable to a shift swap; employer would not have incurred undue hardship by soliciting a replacement). 1991) (holding that although not all Seventh-day Adventists are vegetarian, an individual adherents genuine religious belief in such a dietary practice warrants constitutional protection under the First Amendment). It conducts public opinion polling, demographic research, media content analysis and other empirical social science research. All 20 countries in the Middle East-North Africa region had reports of government harassment of Muslims including against both the dominant and minority sects of Islam in each country while 84% of European countries had reports of government harassment against Muslims. [148] Meritor Sav. [224] See supra 12IA2 (Sincerely Held), 12IA3 (Employer Inquiries into Religious Nature or Sincerity of Belief); see also Adeyeye v. Heartland Sweeteners, LLC, 721 F.3d 444, 451 (7th Cir. 1605.2(d)(iii). . 1988) (finding that employers failure to attempt to accommodate, absent any showing of undue hardship, violated Title VII). [304] Where the religiously oriented expression is not limited to use of a phrase or greeting, but rather is in the manner of individualized, specific proselytizing, an employer is far more likely to be able to demonstrate that it would constitute an undue hardship to accommodate an employees religious expression, regardless of the length or nature of the business interaction. An official website of the U.S. Department of Homeland Security. 1999) (holding that the existence of a neutral seniority system does not relieve the employer of its duty to reasonably accommodate the religious beliefs of its employees, so long as the accommodation can be accomplished without disruption of the seniority system and without more than a de minimis cost to the employer); EEOC v. Arlington Transit Mix, Inc., 957 F.2d 219, 222 (6th Cir. . Unless otherwise noted, cases are cited in this document for their holdings under Title VII of the Civil Rights Act of 1964 (Title VII). . 1995) (finding that requiring police department to alter training program schedule to accommodate employees religious needs amounted to more than de minimis cost and thus an undue hardship because employee would not have experienced the educational benefits of working with different training officers), with Protos v. Volkswagen of Am., Inc., 797 F.2d 129, 133-34 (3d Cir. [168] All of the alleged incidents must be considered cumulatively in order to obtain a realistic view of the work environment.[169] Relevant factors may include the frequency of the discriminatory conduct; its severity; whether it is physically threatening or humiliating, or merely an offensive utterance; and whether it unreasonably interferes with an employees work performance.[170] But no single factor is required.[171], Reasonable Person Perceives Conduct to Be Hostile, The president of Printing Corp. regularly mocked and berated an employee who asked for Sundays off to attend Mass. Freedom of speech, at least in the US, does protect a persons right to say many things, but threats of violence and language or images meant to cause emotional harm are not necessarily protected. Corp., 892 F.3d 887, 904 (7th Cir. Physical assaults perpetrated by individuals or social groups (including mobs) occurred in 60 countries, while assaults by government authorities occurred in 36 countries. For several months, she did not object and discussed the matter with him. However, in LeBoon, the court did state that the religious organization exemption would not extend to an enterprise involved in a wholly secular and for-profit activity. LeBoon, 503 F.3d at 229; see also Townley Engg & Mfg. [230] See Ansonia Bd. The First Amendment mandates governmental neutrality between religion and religion, and between religion and nonreligion.); see also Bd. Muslims were most widely harassed in the Middle East-North Africa region and Europe (100% and 91% of countries, respectively). Whether a reasonable person would perceive the conduct as abusive turns on common sense and context, looking at the totality of the circumstances. Employers should be flexible and creative regarding work schedules, work duties, and selection procedures to the extent practicable. [176] Isolated incidents (unless extremely serious) will not rise to the level of illegality. 2004) (ruling that jury properly found hostile work environment where supervisor repeatedly insulted plaintiff, mocked his religious beliefs, and threatened him with violence); cf. While such policies may not cover every eventuality and some individual accommodations may still be needed, the number of such individual accommodations may be substantially reduced. Additionally, the denial of promotion would be actionable as disparate treatment based on religion. Ky. 2005) (holding that public library violated an employees First Amendment free speech and free exercise rights by prohibiting her from wearing a necklace with a cross ornament). For example, harassing an individual because she practices Buddhism. See generally EEOC, Religious Garb and Grooming in the Workplace: Rights and Responsibilities (2014), www.eeoc.gov/eeoc/publications/qa_religious_garb_grooming.cfm. Religious harassment: Acts that threaten an individual's religion, who they worship, or other religious beliefs they may hold. Harassment directed against those who are religiously unaffiliated, including atheists, agnostics and humanists, also is captured by this study. In the Asia-Pacific region, 26 of the regions 50 countries (52%) had reported government detentions, while detentions carried out by social groups were reported in just six countries in the region. Employers should encourage managers to intervene proactively and discuss whether particular religious expression is welcome if the manager believes the expression is likely to be construed as unwelcome to a reasonable person. Harassment Religious harassment in violation of Title VII occurs when employees are: (1)required or coerced to abandon, alter, or adopt a religious practice as a condition of employment (this type of quid pro quo harassment may also give rise to a disparate treatment or denial of accommodation claim in some circumstances); or (2)subjected to unwelcome statements or conduct that is based on religion and is so severe or pervasive that the individual being harassed reasonably finds the work environment to be hostile or abusive, and there is a basis for holding the agency liable. Va. 1973), affd, 508 F.2d 504 (4th Cir. 2000e(k) (Title VIIs prohibition against sex discrimination applies to discrimination because of or on the basis of pregnancy, childbirth, or related medical conditions.); Bostock v. Clayton Cnty., 140 S. Ct. 1731, 1737 (2020) (holding that Title VIIs prohibition of discrimination based on sex, 42 U.S.C. [307], Some employers have integrated their own religious beliefs or practices into the workplace, and they are entitled to do so. . [67] The definition of religion found in section 701(j) is applicable to the use of the term in sections 702(a) and 703(e)(2), although the provision of the definition regarding reasonable accommodations is not relevant. 1993) (employees request for leave to participate in his wifes religious conversion ceremony was sufficient to place employer on notice that this was pursuant to a religious practice or belief; an employer need have only enough information about an employees religious needs to permit the employer to understand the existence of a conflict between the employees religious practices and the employers job requirements). Mar. See EEOC v. N. Meml Health Care, 908 F.3d 1098, 110204 (8th Cir. The interviewer does not advise her that there is a dress code prohibiting head coverings, and Aatma does not ask whether she would be permitted to wear the headscarf if she were hired. Generally, to qualify as civil harassment, threats must either include actual violence or involve a credible threat of violence. to hire was due to an otherwise-neutral policy. (alterations in original)). Pa. 2001) (ruling that employee from India who was Asian stated a claim of discriminatory discharge based on race, religion, and national origin sufficient to survive summary judgment because employer mocked the way Indian people worship). Governments detained members of religious groups in almost half the 48 countries analyzed in sub-Saharan Africa (48%) and in a majority of countries studied in the Middle East-North Africa region (70%). If the employer allows employees to use the facilities at issue for non-religious activities not related to work, it may be difficult for the employer to demonstrate that allowing the facilities to be used in the same manner for religious activities is not a reasonable accommodation or poses an undue hardship.[289]. religion . They talk in demon language and they believe it's the Holy Spirit, but it's not, and it's dangerous nitwits. Each case . 1997). At last they left me. This is the first significant guidance that the Commission has issued under the regulations found at 29 CFR 1695.01-.10, which call for a public comment period and other procedural measures. . [73] See Garcia v. Salvation Army, 918 F.3d 997, 1007 (9th Cir. WebExamples of behaviors that may contribute to an unlawful hostile environment include: The use of microaggressions, or verbal and nonverbal insults, comments, or other unwelcome behavior, that may be intentionally or unintentionally offensive, demanding or degrading. 2001) (holding that employer reasonably accommodated plaintiffs religious practice of sporadically using the phrase Have a Blessed Day when it permitted her to use the phrase with coworkers and supervisors who did not object, but prohibited her from using the phrase with customers where at least one regular client objected; allowing her to use the phrase with customers who objected would have posed an undue hardship); see also Banks v. Serv. For examples, view the cases list. The more severe the harassment, the less frequently the incidents need to recur. [282], When an employer has a dress or grooming policy that conflicts with an employees religious beliefs or practices, the employee may ask for an exception to the policy as a reasonable accommodation. [50] See EEOC v. Triangle Catering, LLC, No. 2001) (Title VIIs intention is to provide protection and accommodation for a broad spectrum of religious practices and belief not merely those beliefs based upon organized or recognized teachings of a particular sect.). [144] Compare Abrams v. Baylor Coll. Harassment of religious groups continues to be reported in more than 90% of countries, International Religious Freedom & Restrictions, In 2018, Government Restrictions on Religion Reach Highest Level Globally in More Than a Decade, two largest religious groups in the world, Next: 3. 1995) (observing that the threshold for establishing the religious nature of beliefs is low; under the First Amendment, if there is any doubt about whether a particular set of beliefs constitutes a religion, the Court will err on the side of freedom and find that the beliefs are a religion. 2009) (ruling that plaintiff may proceed on a claim that her supervisors, though also Christian, did not like her brand of Christianity, because [t]he issue is whether plaintiffs specific religious beliefs were a ground for an adverse employment action); Preferred Mgmt. Tex. If the supervisors harassment does not result in tangible employment action, the employer may be able to avoid liability or limit damages by establishing an affirmative defense that includes two necessary elements: (a) the employer exercised reasonable care to prevent and correct promptly any harassing behavior, and (b) the employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer or to avoid harm otherwise. Religion-based harassment can occur with relation to any religion, and is not limited to particular belief systems or based on the cultural popularity of a particular religion. If the Respondent (R) disputes that the Charging Partys (CPs) belief is religious, consider the following: Overview: Title VII coverage rules apply to all religious discrimination claims under the statute. . [194], An employer is liable for harassment by non-employees where the employer: (1) unreasonably failed to prevent the harassment; or (2) knew or should have known about the harassment and failed to take prompt and appropriate corrective action.[195]. RFRA applies only to restrictions imposed by the federal government, not by state governments or private parties. [322] Burlington N., 548 U.S. at 68 (quotations omitted). Such conversations taking place in the cafeteria do not constitute severe or pervasive religious harassment of Clarence, particularly given that they do not insult other religions and they were not directed at him. [53] Title 42 U.S.C. [215], In addition, even in the absence of any notice that a religious accommodation is needed, an employer violates Title VII if it takes an adverse action against an applicant or employee (such as failing to hire) based on its belief that the applicant or employee might need a reasonable religious accommodation, unless the employer proves that such an accommodation would have imposed an undue hardship. Religious Discrimination Many times, harassment based on national origin involves mocking the employees accent or making stereotypical comments about people of the same national origin. WebExample: Employees may wear personal religious jewelry absent special circumstances that might require a ban on all similar non-religious jewelry. But see EEOC v. GEO Group, Inc., 616 F.3d 265, 273 (3d Cir. . Meanwhile, 19 out of 50 countries studied in the Asia-Pacific region and 17 out of 45 countries in Europe (38% for both regions) had instances of religious groups being physically assaulted by government authorities. As explained above, Title VII defines religion as all aspects of religious observance and practice, as well as belief, unless an employer demonstrates that he is unable to reasonably accommodate to an employees or prospective employees religious observance or practice without undue hardship on the conduct of the employers business. 42 U.S.C.
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