RefugeeWorks Webinar Series

Transkript

1 RefugeeWorks Webinar Series

2 Jessica Bohannon, RefugeeWorks Jonathan Lucus, RefugeeWorks Fatuma Elmi, Lutheran Social Services of Minnesota Nadir Abdi, Jewish Family Services of Columbus, OH

3 Agenda Laws and US Regulations Responsibilities of Employer and Employee Service Organization Responsibilities Typical/Commo n Religious Accommodatio ns Rules Regarding Religious Paraphernalia Religious Harassment Case Study from Speakers

4 Title VII of the Civil Rights Act of 1964 provides that an employer must reasonably accommodatean employee's religious beliefs and practices unless doing so would cause undue hardship on the conduct of the employer's business.

5 Employers are obligated to (1) try in good faith to resolve the conflict between the employee s religious needs and job requirements; and, where an accommodation cannot be granted, (2) identify an actual monetary or administrative expense

6 This law prohibits employers from: Excluding an applicant from hire based on religion Excluding an applicant because they do not share the employers religions belief Engage in discriminatory recruitments or referral practices based on religion Refuse to hire due to needing to provide a reasonable accommodation.

7 Religious Organization Exception: Religious organizations are permitted to give employment preference to members of their own religion. The exception applies only to those institutions whose purpose and character are primarily religious.

8 An employer is not required to provide an accommodation that causes it an undue hardship. The U.S. Supreme Court has ruled that this means that an employer need not incur more than minimal costs in order to accommodate an employee s religious practices.

9 (1) Cost defined in the monetary form (2) Burdens on the conduct of the employers business (3) Safety hazard Examples: diminishes efficiency on other jobs, impairs workplace safety, causes co-workers to carry burden of accommodated employee that may be considered dangerous or hazardous

10 The employer is not mandated to provide the specific accommodation for the employee. The employer only has to reasonably accommodated an employee s religious needs

11 The employer may not refuse to accommodate an employee Unless, the employer can prove how the accommodation may cause undue hardship on the business.

12 An employee must tell his or her employer about the religious commitment at the time the job is accepted or immediately upon becoming observant or aware of the need for an accommodation. Employees must also be clear when explaining why they need an accommodation.

13 Communicate with Employers background of potential employer Negotiate reasonable accommodations to best fit employer and employee.

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15 Religious Holiday off Refrain from work on a Sabbath day Wearing religious clothing Providing a place to pray Shift swap to enable the employee to observe a religious worship

16 Employers must attempt to accommodate employees who must maintain a particular physical appearance or manner of dress in keeping with the tenets of their religion.

17 Occurs under the following two conditions: (1) Required or coerced to abandon, alter, or adapt a religious practice as an employment condition (2) Subject to unwelcome statements or conduct based on religion and is sever and pervasive that the employee finds the environment hostile or abusive.

18 An employer is always liable for a supervisor s harassment if it results in a tangible employment action. The employer may be able to avoid liability or limit damages by showing that: (a) the employer exercised reasonable care to prevent and correct promptly any harassing behavior, and (b) the employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer or to avoid harm otherwise.

19 An employer is always liable for a supervisor s harassment if it results in a tangible employment action. However, if it does not, the employer may be able to avoid liability or limit damages by showing that: (a) the employer exercised reasonable care to prevent and correct promptly any harassing behavior, and (b) the employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer or to avoid harm otherwise.

20 Input from guest speakers

21 The Anti-Defamation League Religious Freedom Resources. kit/religion_workplace.asp The U.S. Equal Employment Opportunity Commission Monster