We already learned that Americans misinterpret their freedom of speech guaranteed by the First Amendment. Outside of state law and case law, the Constitution only prohibits the Federal Government from passing laws abridging that freedom. The same could be said of our religious freedoms that are often taken for granted. The government cannot pass laws to form any kind of state religion or deny a citizen of his or her right to worship, or not worship, as they please. Ah, there’s the rub. There is no express guarantee of a freedom “from†religion, so overreaction by individuals and companies to restrict religious expression often penalizes those who are only trying to act according to their faith. This is a tightrope without a net. There is an old saying that everyone has the right to swing their fists wildly until it makes contact with another person… at that point the person struck has a legitimate gripe about the exercise of the swinging fists.
It is never easy to referee such sensitive topics, but there are clear guidelines set down by the EEOC that defines religious discrimination and the restrictions that it places on companies.
- The law prohibits any form of religious discrimination in “… any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment.†So it is up to the company to insure fairness.
- The EEOC also forbids any harassment of a person because of their religion. This could actually take the form of not just supervisory personnel representing the company, but also coworkers and outside customers. It is tough to monitor all such situations, so prompt corrective action needs to be taken when harassment is reported.
- Dress codes cannot discriminate against employees required by their religion to wear headgear or other clothing as an outward sign of their beliefs unless doing so interferes with the performance of their normal duties.
- There must be reasonable accommodation to religious requirements unless it is would cause undue hardship on the employer… a case difficult to prove. Simple acts such as dietary restrictions should always be considered at company functions, such as kosher or vegetarian options.
There will always be exceptions to policy where religious observances are concerned, but for the most part policy should firmly prohibit discrimination and all employees made aware of the rules. Managers must protect their employees from such discrimination, but they have a much greater opportunity to enhance productivity by celebrating a diverse workforce. It is always better to be inclusive rather than restrictive in handling sensitive issues. Each exception must be considered on its own merits and whenever possible incorporated into a living body of policy declarations.
The bottom line is that it is not always about the “legal†point of view. It is a losing battle to try and fight individual prejudice by trying to change someone’s opinions on another religious belief. The ultimate irony is that the act of coercion could in itself be discriminatory, so the best course of action is to insure that there is cooperation between people in spite of differences.
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