Title VII of the Civil Rights Act of 1964 prohibits discrimination based on religion and puts an affirmative obligation on an employer to accommodate employees’ religious practices. Issues involving religion arise in many employment contexts, including decisions about hiring, discipline, promotions and discharge. Often decisions about these issues are informed by the obligation to consider whether special attention needs to be paid to an employee’s religious belief.
What is Religion? -
Title VII broadly defines religion to include “all aspects of religious observance and practice, as well as belief.” The U.S. Supreme Court offers the guidance that a religious belief is “a given belief that is sincere and meaningful [and] occupies a place in the life of its possessor parallel to that filled by the orthodox belief in God of one who clearly qualifies for an exemption.” United States v. Seeger, 380 U.S. 163, 165 (1965). The U.S. Equal Employment Opportunity Commission defines religious practices as “moral or ethical beliefs as to what is right and wrong, which are sincerely held with the strength of traditional religious views” and also notes that “although courts generally resolve doubts about particular beliefs in favor of finding that they are religious, beliefs are not protected merely because they are strongly held. Rather, religion typically concerns ultimate ideas about life, purpose and death” 29 C.F.R. §1605.1.
Originally published in Law360 on January 13, 2015.
Please see full publication below for more information.