Topic 5: Religious Discrimination in Employment Flashcards
What percentage of people in the U.S. consider themselves “very” or “moderately” religious, according to a 2012 Gallup poll?
69%
What percentage of Americans identify as Christian?
77%
What U.S. law protects employees from religious discrimination in the workplace?
Title VII of the Civil Rights Act of 1964
What percentage of workers report experiencing religious bias at work?
More than one-third, according to a 2013 survey by the Tannenbaum Center for Inter-religious Understanding.
How has the religious composition of U.S. immigrants changed over the past 20 years?
Christian immigrants have declined from 68% to 61%, while immigrants of minority faiths have increased from 19% to 25%.
How has the percentage of Hindu immigrants changed from past decades?
It rose from 3% to 7% in 2012.
What percentage of legal immigrants in the U.S. adhered to Islam in 2012?
10%, double the previous percentage.
What factors have contributed to increased religious discrimination against Muslims and Hindus in the workplace?
Changing immigration patterns and post-9/11 tensions.
What percentage of EEOC religious discrimination complaints involve bias against Muslims?
20%
What percentage of White evangelical Protestants believe they face workplace discrimination?
Nearly 60%
True or False. In 1964 Congress did not include religion as a protected class under Title VII.
False. Congress did include religion as a protected class characteristic under Title VII.
EEOC reports the largest percentage of employee complaints, based on religious discrimination, involve bias against _______.
Buddhists
Muslims
Christians
Atheists
Muslims
The text notes that “a majority of workers say Muslims face more discrimination in the workplace than other groups,” and that “20 percent of employee compaints of religious discrimination involve bias against Muslims.”
The majority of United States citizens identify themselves as _________ .
Christian
Buddhist
Muslim
Athiest
Other
Christian
Over 70% of Americans identify themselves as Christian.
What is considered a possible explanation for increased religious discrimination claims?
Increased immigration by individuals with religious beliefs that have not been traditionally present in the U.S.
Economic instability drives social pressures
Changing laws that make religious discrimination more difficult to prosecute
None of the answers are correct
Increased immigration by individuals with religious beliefs that have not been traditionally present in the U.S.
Non-Christian immigration has been on the rise for the past twenty years, while the percentage of Christian immigrants has been falling.
True or False. A majority of white evangelical Protestants believe that discrimination against them in the workplace is a problem.
True.
Almost 60% of white evangelical Protestants believe discrimination against them to be an issue.
How does Title VII define religion after the 1972 amendment?
It includes all aspects of religious observance, practice, and belief.
What types of beliefs are considered “religion” under Title VII?
Traditional organized religions, as well as new, informal, small, personal, or seemingly illogical beliefs sincerely held with the strength of traditional religious views.
How does the EEOC define religious beliefs?
Theistic and non-theistic moral or ethical beliefs about right and wrong, held with the strength of traditional religious views.
What distinguishes a religious belief from a personal philosophy under Title VII?
Religious beliefs concern “ultimate ideas” about life, purpose, and death, while personal philosophies address social, political, or economic concerns.
Why is vegetarianism not considered a religion under Title VII?
It is a personal lifestyle choice unless tied to a comprehensive religious belief system, like Jainism.
What are some examples of religious observances under Title VII?
Attending services, praying, meditating, wearing religious attire, following dietary restrictions, proselytizing, or abstaining from behaviors
Can two people engage in the same practice, but only one be considered religious under Title VII?
Yes, for example, a Jain may follow vegetarianism for religious reasons, while a fitness guru does so for health reasons.
Can members of the same religious sect have different religious practices?
Yes, for example, a Seventh-day Adventist may follow vegetarianism for religious reasons, while others in the same sect may not.
True or False. When first passed in 1964, Title VII did not define religion.
True. True: Originally, Title VII did not define religion, but in 1972 Congress amended Title VII and made a definition for religion.
True or False. Under Title VII, singular philosophies regarding social, political, and economic concerns and personal preferences are considered religious beliefs.
False.
False: Only beliefs involving “ultimate” ideas about life, purpose, and death are considered religious.
According to the EEOC, religious beliefs are:
Theistic beliefs that can be traced to a supreme being
All strongly-held beliefs
Philosophies regarding social, political, and economic concerns
Moral or ethical beliefs as to what is right and wrong which are sincerely held with the strength of traditional religious views
Moral or ethical beliefs as to what is right and wrong which are sincerely held with the strength of traditional religious views
The EEOC defines religious beliefs as “moral or ethical beliefs as to what is right and wrong which are sincerely held with the strength of traditional religious views.”
Why is vegetarianism not considered a religion, while Jainism, which espouses vegetarianism, is?
Vegetarianism is an isolated precept while Jainism is a comprehensive belief system.
Jainism is an isolated precept while vegetarianism is a comprehensive belief system.
Jainism has a formal structure with designated leadership and vegetarianism does not.
All of the above
Vegetarianism is an isolated precept while Jainism is a comprehensive belief system.
Religion usually includes a comprehensive belief system about human existence and involve formal and external signs of belief. Therefore, vegetarianism is not a religion but Jainism is.
Religious observances include:
Meditation
Donning garb
Formal meeting attendance
All of the above
All of the above
Religious observances include a broad range of activities, which could include formal meeting attendance, public praying, meditation, donning garb, wearing icons, adhering to restrictive diets, proselytizing, or abstinence from some common practices.
How did Title VII change religious discrimination in the workplace?
It prohibited religious discrimination in employment decisions, including discrimination based on belief systems.
What does Title VII require when an employee’s religious practice conflicts with work duties?
Employers must provide a “reasonable accommodation” unless it causes undue hardship.
What must an employer first determine when an employee requests a religious accommodation?
Whether the conflict arises from a “sincerely held” religious belief.
When might an employer question the sincerity of an employee’s religious belief?
If the employee’s behavior is inconsistent with the belief, the request appears to be for a secular benefit, or the timing is suspicious.
What is an example of a reasonable religious accommodation?
Allowing a Seventh-Day Adventist to swap shifts to avoid working on Saturdays.
Is an employer required to force other employees to change schedules to accommodate religious beliefs?
No, the employer only needs to make a reasonable effort, not disrupt business operations.
What factors do courts consider when determining if an accommodation causes undue hardship?
Employer’s efforts to accommodate
Cost in wages and administration
Type of job involved
Size of the employer
Can an employee demand a specific religious accommodation?
No, the employee must accept a reasonable alternative offered by the employer.
Give an example where a court upheld an employer’s decision to deny a religious accommodation.
A nurse who refused a transfer to a unit where no abortions were performed was terminated, and the court upheld the decision.
Why was a Native American employee’s termination upheld in a religious accommodation case?
He refused to tuck his religiously-mandated long hair into his shirt as part of a dress code accommodation.
True or False. Religion is more than what a person believes but also what he or she “does.”
True.
religion is more than what a person believes but also what he or she “does.”
Once an employer becomes aware of a work-religion conflict, and the employee asks for an accommodation, the employer must determine first:
if it is worth the cost to accommodate the person
if terminating the employee would be an easier option
if the employee is worth the extra effort
if the conflict is indeed a religious one
if the conflict is indeed a religious one
The employer’s first step is to determine if the conflict is truly a religious one.
An employer may not have a duty to accommodate religious beliefs if:
The employee has behaved in a way that is manifestly inconsistent with a religious belief
The employee appears to be seeking a secular benefit by using religion as a pretext
The employee makes the request at a time that is suspect
All of the above
All of the above
From the text, “Occasionally, if the employee has behaved in a way which is manifestly inconsistent with a religious belief, appears to be seeking a secular benefit by using religion as a pretext, or makes the request at a time which is suspect, then an employer may not have a duty to accommodate.”
Which of the following is not correct? When looking at whether an accommodation is a hardship, courts look to the employer’s:
Size of organization
Cost of accommodation in terms of wages and administration
Number of employees accommodated in the past
Type of job involved
Number of employees accommodated in the past
The number of past accommodations are not considered when judging if an accommodation is causing undue hardship.
A young Native American man working at a fast food chain has been asked to tuck in his long hair to adhere to dress code standards. The young man refuses to cover his hair because of religious reasons. The young man is terminated from the position. Which of the following is correct?
He has a case against the fast food company for religious discrimination
He has no case against the fast food company because he would not adhere to the dress standards
He has a case against the fast food company because hair cannot be considered a dress standard
None of these answers are correct
He has no case against the fast food company because he would not adhere to the dress standards
A court upheld the termination of a Native American employee who would not agree to tuck his religiously-mandated long hair into the back of his shirt as part of an accommodation to dress standards.
What types of religious advocacy might employees engage in at work?
Displaying religious icons, discussing beliefs, praying, reading scripture, handing out literature, or using religious phrases in greetings.
Can employees request an accommodation for religious advocacy at work?
Yes, but employers can deny the request if it causes undue hardship to business operations, co-workers, or customers.
How can employers reasonably accommodate religious advocacy?
By allowing religious discussions before and after work or on breaks, rather than during work hours.
Can public employers ban religious speech at work?
No, the First Amendment protects religious speech, but it can be regulated for time, manner, and place.
What is the most common religion-related complaint at work, according to SHRM?
Employees proselytizing.
When does religious communication create an undue hardship for an employer?
When it disrupts work, constitutes harassment, or conflicts with company policies.
What was the outcome of the Hewlett-Packard religious discrimination case?
A court ruled HP could prohibit an employee from posting anti-gay Bible verses because it conflicted with company values.
Why was an employee’s practice of writing letters to co-workers about their “sinful” behavior considered an undue hardship?
It created workplace conflict and was deemed disruptive.
When can religious proselytizing to customers create an undue hardship?
If it goes beyond general expressions (e.g., “Have a blessed day”) to targeted, individualized religious discussions.
What happens if an employer ignores religious harassment in the workplace?
The employer may be held vicariously liable for a hostile work environment claim.
True or False. Employers must provide reasonable accommodation for an employee who seeks to display icons or religious messages at work stations, engage in regular discussions of religious beliefs, pray at work stations, overtly read scripture, hand out literature to co-workers, or use religious phrases in greeting others.
True
In some situations an employee may request an accommodation to conduct these activities, and under Title VII the employer must provide reasonable accommodation.
To determine whether a religious request is an undue hardship, employers may consider all of the following except:
The potential disruption
Co-workers and customers
Business operations
Religious practicality
Religious practicality
Religion is followed in many different ways by different people. Practicality of the religion doesn’t matter.
The federal government has adopted a policy that provides for employee religious speech at public facilities, but with reasonable restrictions on time, manner, and place, as well as consideration for:
Extremism of the message being shared
Religious imagery being shared
Co-workers who have made it clear the speech is unwelcome
All of the above
Co-workers who have made it clear the speech is unwelcome
If a co-worker has made it known that he/she would not like to learn more, he/she has the right to be protected as well.
The Society of Human Resource Management (SHRM) reports the most common religion-related complaint at work is:
Employees proselytizing
Religious inequality
Over use of religious imagery
Religious discrimination
Employees proselytizing
The most common religion-related complaint at work is employees proselytizing, and employers should caution employees that work is about work, not a platform for religious discussions.
True or False. Employees proselytizing to customers can be a cause of undue hardship.
True
If the employee engages in individualized and specific proselytizing effort with a customer, whether unwelcome or not, a private employer may successfully claim that accommodating this type of behavior is an undue hardship.
What does Section 702 of Title VII allow regarding religion?
It provides an exemption allowing religion to be a bona fide occupational qualification (BFOQ) for certain jobs.
Give an example of when religion can be a BFOQ for a job.
A Jesuit university can require philosophy professors to be Jesuit to align with its religious mission.
Does the religious exemption apply only to religious roles within an organization?
No, it can apply to all positions within a religious organization, even non-ecclesiastical roles.
What was the Supreme Court’s ruling in the Amos case involving a janitor at a church-owned gym?
The court upheld the church’s right to require all employees to meet religious standards, including non-religious roles.
Why was the termination of the janitor in the Amos case upheld?
The church required all employees to meet its religious principles, and the exemption applied broadly to its activities.
True or False. It was permissible for a Jesuit university to deny a qualified Jewish philosophy professor a teaching position at the university on the basis of his religion.
True
True: A reviewing court reasoned that, while any qualified person could teach philosophy, the requirement that a professor be also a Jesuit was wholly consistent with the university’s mission to expose students to education in the context of the Jesuit tradition.
True or False. Title VII contains, at section 702, an exemption to its anti-discrimination protections for religion, but applies only when religion is in no way connected with the job qualifications.
False
False: Title VII contains, at section 702, an exemption to its anti-discrimination protections for religion when the religion is a bona fide occupational qualification for the job.
The Church of Jesus Christ of Latter-day Saints maintained a policy that all of its employees be required to meet a strict standard of personal commitment to the church principles represented by a worthiness certificate. Amos, a janitor at a church-owned gymnasium, failed to obtain the certificate and was terminated from employment. The Supreme Court in the case of the Corp. of Presiding Bishop v. Amos 483 U.S. 327 (1987) found that:
The Section 702 exemption covered all Latter-day Saint employees because every employee was also a religious minister.
The Section 702 exemption covered all Latter-day Saint employees because of the church’s broad range of activities, which included providing health care, education, and ranching services.
Section 702 did not apply and Amos was able to press charges against the Church of Jesus Christ of Latter-day Saints
Section 702 did not apply because Amos was only a janitor
The Section 702 exemption covered all Latter-day Saint employees because of the church’s broad range of activities, which included providing health care, education, and ranching services.
A religious exemption may be applied to all positions within a religious organization:
if every employee agrees to it
whether or not the position is ecclesiastical
if it does not affect minority groups
All of the above
whether or not the position is ecclesiastical
Exemption extends to activities that might not be considered as central to the religious mission of an organization as ministerial positions.
What is the definition of Bona Fide?
Secondary
In good faith
Unassuming
None of the above
In good faith
Bona Fide translated means “in good faith.”
True or False. The majority of workers say Muslims face more religious discrimination in the workplace than any other group.
True
The majority of workers polled believe the Muslim religion to be the most discriminated against.
True or False. When employees need religious “reasonable accommodations,” they are not protected under Title VII.
False
Title VII requires that in cases where an employee’s religious practice conflicts with a work assignment, the employer must make a “reasonable accommodation” for the employee.
True or False. Given that the request is legitimate, an employer has the duty to provide the employee with a reasonable accommodation, even if undue hardship is caused to the business.
False
An employer has the duty to provide the employee with a reasonable accommodation, absent an undue hardship to the business.
True or False. It is generally bad policy to ban all private religious communication at work.
True.
The Constitution prevents a wholesale prohibition of religious speech at work because of the First Amendment.
True or False. Before 1964, it was uncommon to see overt religious discrimination in the workplace.
False
False. It was common to see overt discrimination in the workplace with respect to a person’s religion.
The Courts have found that “religion” includes:
Only traditional organized religions
Traditional organized religions as well as new, informal, small, or personal religions
Organizations for worshipping established for over 100 years
Having at least 15 members
Traditional organized religions as well as new, informal, small, or personal religions
Religion comes in a variety of displays. Some may even seem illogical or unreasonable to a non-believer. Religious beliefs are diverse and uniquely personal.
For Title VII purposes, religious beliefs cover:
The ultimate ideas about life, purpose, and death
Life altering choices or actions
Strongly-held beliefs
The underlying reasons of why people do what they do
The ultimate ideas about life, purpose, and death
Under Title VII, beliefs become religious beliefs when they are based on the ultimate ideas about life, purpose, and death.
A clear definition of religion has proved elusive because:
Religion is impossible to define
The meaning of “religion” has changed many times over the past century
People can only perceive religion through their own understanding
Religious beliefs are so diverse and uniquely personal
Religious beliefs are so diverse and uniquely personal
From the text, “A clear definition of religion has proved elusive because religious beliefs are so diverse and uniquely personal.”
Title VII requires employers to accommodate only religious practices arising out of _______ beliefs.
Reasonable
Sincerely-held
Long-term
All of the above
Sincerely-held
Sincerely-held beliefs. Although this may be difficult to determine, it would be even more subjective to attempt to determine if a belief is “reasonable,” and determining whether it is “long-term” would be both impossible and irrelevant.
Under reasonable accommodation, an employer is not required to:
change its shift management schedule
order other employees to work alternate shifts
violate seniority rules to accommodate an employee
All of the above
All of the above
The employer is not required to change its shift management schedule, order other employees to work alternate shifts, or violate seniority rules to accommodate an employee, and so on. These would all be considered undue hardship on the employer.
The level of reasonable accommodation has been characterized by the courts as “de minimus,” meaning
Unnoticeable amount
Not very much
As much as possible
The less the better
Not very much
Given that the request is legitimate, an employer has the duty to provide the employee with a reasonable accommodation, absent an undue hardship to the business. The level of accommodation has been characterized by the courts as “de minimus,” meaning “not very much.”
Which of the following is a good example of accommodating a request for religious advocacy?
Allow the requesting employee 10 minutes to share religious beliefs over the company intercom
Provide for a time and place for religious discussions before and after work and on breaks.
Hold mandatory diversity meetings and allow individual employees to explain their religious beliefs to the company.
Give permission for employees to send companywide email blasts about religious beliefs
Provide for a time and place for religious discussions before and after work and on breaks.
A good accommodation allows for a time and place for employees to meet outside of working hours. All other options would impose on other employees’ work time and free will.
Religious communication can create undue hardship on an employer if it disrupts the work of other employees or:
Constitutes unlawful harassment
Represents an unpopular religion
Is based on a religion that differs from the majority of customers
All of the above
Constitutes unlawful harassment
Casual conversations about religious issues are generally permissable at work. However, if zealous advocacy interferes with getting work done, an employer can successfully claim that allowing religious expression is an undue hardship.
Over the past two decades, _________ immigration has been on the rise and _________ immigration has declined.
Islam : Christian
Christian : Islam
Christian : Hindu
Hindu : Islam
Islam : Christian
Christian immigration has declined from 68 percent to 61 percent in the past 20 years, while Islam immigration doubled to reach ten percent of all legal immigrants in the same period.
Which religious groups have seen the largest increase in workplace discrimination over the past decade?
Christians and Muslims
Atheists and Christians
Muslims and Hindus
Hindus and Buddhists
Muslims and Hindus
The change in immigration patterns, coupled with the events of 9/11, have created workplace tensions that have resulted in increased religious discrimination against Muslims and Hindus.
Religious observances include a broad range of activities that could include:
formal meeting attendance
public praying
proselytizing or abstinence from some common practices
All of the above
All of the above
From the text, “Religious observances include a broad range of activities, which could include formal meeting attendance, public praying, meditation, donning garb, wearing icons, adhering to restrictive diets, proselytizing, or abstinance from some behaviors.”
In cases where an employee’s religious practice conflicts with a work assignment, Title VII requires that the employer:
Tolerate the employee’s religious beliefs for at least six months
Find a legitimate reason to terminate the person
Let all other employees know of an employee’s conflicting religion
Make a reasonable accommodation
Make a reasonable accommodation
When looking at whether an accommodation is an undue hardship, courts look to:
The employer’s efforts
The cost of accommodation
The size of the employer
All of the above
All of the above
When looking at whether an accommodation is an undue hardship, courts look to the employer’s efforts, the cost of accommodation in terms of wages and administration, the type of job involved, and the size of the employer.
In the Hewlett-Packard Company case, an employee who objected to the firm’s diversity policy posted anti-gay verses from the Bible at his desk. The court that ultimately heard that case found an undue hardship because:
It is against the law to use scripture to discriminate against others in the workplace
It was not reasonable to allow one employee to make other employees annoyed during their working hours
Employees are not allowed to share religious beliefs so boldly
It was impossible for HP to accommodate religiously-motivated expressions that violated its core human resource philosophy.
It was impossible for HP to accommodate religiously-motivated expressions that violated its core human resource philosophy.
If the company had a different “core philosophy,” the situation may have been different, but “it was impossible for HP to accommodate religiously-motivated expressions that violated its core human resource philosophy.”
Why was it permissible for a Jesuit university to deny a qualified Jewish philosophy professor a teaching position at the university on the basis of his religion?
The Jesuit university had a completely different teaching format that the Jewish professor had never been exposed to
The requirement that a professor also be a Jesuit was wholly consistent with the university’s mission to expose students to education in the context of the Jesuit tradition.
It is against the Jesuit religion to learn anything from a Jewish teacher, no matter the education level or subject matter
None of the above answers are correct
The requirement that a professor also be a Jesuit was wholly consistent with the university’s mission to expose students to education in the context of the Jesuit tradition.
From the text, “A reviewing court reasoned that, while any qualified person could teach philosophy, the requirement that a professor also be a Jesuit was wholly consistent with the university’s mission to expose students to education in the context of the Jesuit tradition.”
