Naturally, free speech is protected, even in discriminatory or hateful situations. Being racist, though unethical, is perfectly legal, as is being Islamophobic or Antisemitic or prejudiced of any other religion. However, just like with race and sex, religion has some legal protections, arguably more when you factor in the first amendment.
According to a detailed page from the EEOC (Equal Employment Opportunity Commission), not only must employers not fire, hire, or elect not to hire based on religion but they also must accommodate people for any religious practices that do not cause "undue hardship" which is defined as "more than a minimal burden on operations of the employer's business." That means that unless it affects productivity, infringes on other employees' rights, or would cause any excess of workplace hazard, be it in the individual themselves or their coworkers, the employer legally must accommodate an individuals religious beliefs. For instance, the EEOC gives a few examples. A Sikh who doesn't cut or trim their (facial) hair is allowed to do so even if it is in violation of the dress code, as is a Rastafarian who wears dreadlocks or a Jew who wears a yarmulke. Of course, if having long hair puts one in danger and there's no way around it, not even a hair net, then they can be required to cut their hair or stop working in the hazardous location. That's a general example, the principle applies whether it is hair causing the issue or something else. It applies if the issue is danger or productivity or equal treatment of other employees. Furthermore, a person doesn't have to be a practicing member of a religion or regularly attend a service or really even provide any proof that they believe in a religion. They don't even have to practice an legally recognized religion or anything formal. Someone could have a personal moral philosophy, design a religion around that, give it a few rules that help you abide by the philosophy, and your employer can't question it. It is your religion, and they have no authority to tell you otherwise, which can also be found on an EEOC page, though a slightly different one. All religious practices, well-known or just invented, are legally protected from employers. You're also protected from harassment and segregation, of course. Your employer cannot assign you to a non-customer position because of a real or perceived "customer preference." Your employer also cannot abide coworkers, supervisors, customers/clients, or anyone else harassing you for your religious beliefs. Harassment, it must be clarified, does not include singular instances of offhanded remarks but does include repeat offenses that create hostile work environments or result in negative consequences for the victim, like being fired or otherwise having punitive measures employed upon them. If you're not a fan of the EEOC, all the same information can be found all over the place. It isn't hidden, these are laws that you're supposed to know so you don't accidentally break one and so that you can protect yourself with them if someone breaks it in relation to you. All of the information comes initially from Title VII of the Civil Rights Act of 1964, generally abbreviated to Title VII. The bite-sized adaptations of Title VII I used can be found at: https://www.eeoc.gov/religious-discrimination https://www.eeoc.gov/laws/guidance/fact-sheet-religious-discrimination
2 Comments
Maryn Bollinger
3/7/2021 12:24:42 pm
I think what you have to say in this post is interesting. A lot of people in our society are unaware of the laws, and reading this would certainly clear things up. You’re topic as a whole is pretty interesting!
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Ashley
3/7/2021 06:57:46 pm
Hi Kian! This topic is very intresting and something that most poeple don't know a lot about. Your blog post was very good and had a lot of intresting facts and ey points. I wasn't aware of the different laws and stuff either.
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