Test Your Knowledge of Religious Discrimination Law in Employment

Overview of Religious Discrimination Law in Employment

• Title VII of the Civil Rights Act does not define religion but provides an exemption for religious employers to discriminate on the basis of religion.
• The 1972 amendments expanded the definition of religion to include all aspects of religious observance and practice, and employers must accommodate unless it causes undue hardship.
• The ministerial exception allows religious organizations to discriminate against employees in ministerial roles, but the test to determine such roles is unclear.
• In Our Lady of Guadalupe School v. Morrissey-Berru, the Supreme Court applied the ministerial exception to a Catholic school teacher despite her lack of formal religious training or title.
• The definition of religious practices and beliefs is delicate, and while the EEOC defines it broadly, courts have sought to distinguish between religious and personal preferences.
• In EEOC v. Abercrombie & Fitch, the court established a prima facie case for religious accommodation, and employers must provide a reasonable accommodation unless it causes undue hardship.
• Employers are not required to resolve the conflict in the way the employee wants, and the accommodation need not be the most reasonable one.
• The reasonableness of accommodation depends on factors such as the size of the workforce, the type of job, financial cost, and administrative aspects.
• Undue hardship is defined as anything beyond de minimis cost, and courts tend to use a "gut check" to determine reasonableness.
• Religion can be a bona fide occupational qualification if it is reasonably necessary for the employer's business operations.
• In Trans World Airlines, Inc. v. Hardison, the court established a cost-justification defense for undue hardship and suggested a two-step analysis for reasonable accommodation.
• Employers must balance the religious and secular needs of employees in determining what accommodation to make, and an accommodation that imposes more than de minimis costs on the employer violates the undue hardship provision of Title VII.