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    Accommodating religious practices in the workplace

    Employers are required, once on notice, to reasonably accommodate an employee whose sincerely-held religious beliefs, practices, or observances conflict with a work requirement, unless providing the accommodation would cause an undue hardship.An employer must show that the accommodation would result in more than a cost or burden in order to prove undue hardship.Under federal law, it constitutes illegal religious harassment for an employer to create or tolerate an environment where employees are: (1) required or coerced to abandon, alter, or adopt a religious practice as a condition of employment; or (2) subjected to unwelcome statements or conduct based upon religion that is so severe or pervasive that the individual being harassed reasonably finds the work environment to be hostile or abusive.An employer “creates or tolerates” such an environment, which becomes the basis for the employer’s liability, when it either directs the conduct, or when it knows, or should know, that the conduct was occurring.Moreover, employees who do not wish to participate in prayer should be given the non-derisive opportunity to be excluded from doing so, unless the employer can show that excluding them would create an undue hardship – such as having to excuse people for a 20 second prayer for everyone’s safety before going underground or starting a risky procedure.In sum, while allowing brief prayers in the workplace is not per se discriminatory, it does require: a) a balancing of all persons’ rights to the free expression of their religion; b) the need to reasonably accommodate differing religious views; c) ensuring a workplace where there is no unlawful discriminatory action toward someone expressing a different religious view; and d) avoiding the creation of a hostile work environment.Similarly, an employer cannot discipline or discharge employees because of their religious beliefs, or otherwise discriminate on the basis of religion with regard to other terms, conditions, and privileges of employment (such as wages and benefits).

    Religious belief is a protected classification under the federal Civil Rights Act and/or various state anti-discrimination laws.The employee need not, however, use any “magic words” when making a request for religious accommodation.He must simply provide enough information to make the employer aware of the conflict between the individual’s religious practice and work.Employers cannot refuse to hire employees because they may need reasonable accommodations for their religious beliefs.Nor can employers require employees of particular faiths (or lack thereof) to undergo stricter security or background procedures, or perform more onerous job tasks, than co-workers.In short, an employer violates the Civil Rights Act when its actions coerce an employee to abandon, alter, or adopt a particular religious practice as a condition of receiving a job benefit or avoiding adverse action.An employer does not, however, engage in coercion when it requires an employee to participate in a workplace activity that conflicts with the employee’s sincerely held religious belief, so long as the employer can demonstrate that it would constitute an undue hardship in order to accommodate an employee’s request to be excused.How does an employer balance the competing interests of those who have a right to pray or proselytize about their faith at work and the right of those who are offended by such conduct?First, an employer’s agents are permitted to hold prayer in the workplace and are also required to permit it among its employees.In order to prove a claim of hostile work environment based on religious beliefs, or lack of them, an employee must show that the harassment was: (1) based on his religious beliefs; (2) unwelcome; (3) sufficiently severe or pervasive to alter the conditions of employment by creating an intimidating, hostile or offensive work environment; and (4) that there is a basis for employer liability.To support a religious harassment claim, the adverse treatment must be based upon religion or the refusal to follow a religious practice.This second form of harassment, also referred to as hostile work environment harassment, may take the form of either verbal or physical harassment, or imposing unwelcome religious views or practices on an employee.A hostile work environment is created when there is intimidation, ridicule, and/or insults that are sufficiently severe or pervasive to alter the terms of employment and create an abusive working environment related to the protected status.The First Amendment protects private sector employers and employees from governmental interference with the exercise of these free speech rights.

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