Religious Discrimination and Accommodations

Office of Access and Equity

Jerry Knighton

Cooper Library Room 309September 24, 2015

Objectives

At the close of this session, you will be able to:• Understand the types of religious issues that may appear in the

workplace • State why it is important to prevent religious discrimination and

provide accommodations when possible• Describe the University policy and procedures on religious

discrimination and religious accommodations • Describe types of religious accommodations that we may provide• Understand the responsibility of supervisors to respond to

complaints of religious discrimination and requests for accommodation

True or False?

All public employers are required to offer religious accommodations

to its employees.

True or False?

Only established and widely known religions are to be

accommodated

True or False?

An employer must accommodate an employee’s request for a religious accommodation.

Religious Issues That May Arise in the Workplace

• Complaints of discrimination based on an employee’s expressions of faith or on religious beliefs or practices

Example – Amani Mahin, who works in the accounting department, files a formal complaint that several co-workers are making fun of the burka she wears and are making derogatory remarks about her religion (Islam).

Example – John Marks, who works in the IT department, complains about another employee who has a “shrine” in her cubicle which is next to his.

Religious Issues That May Arise in the Workplace

• Requests for time off as an accommodation– Employee may ask for partial days or full days off to attend religious services or comply with their religious beliefs. These may be occasional absences or ongoing change in their work schedule> Example – Mary Brooks, who works in the conference services

department, asks permission to be absent for Ramadan, an Islamic holiday.

> Example – John Connor, who works in Student Affairs, asks to have his schedule changed from working on Saturdays to working on Sundays as his religion (Judaism) observes Saturdays as the Sabbath

.

Religious Issues That May Arise in the Workplace

• Request to use employer’s property for religious practices or activities as an accommodation> Example – Bobby Jones, who works in the call center, asks if

he can organize a prayer group with co-workers and conduct meetings in a conference room during part of their lunch times.

> Example – Amanda Smith, who works in the Admissions Office, wants to add “Have a blessed day” to her phone greeting.

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Why Prevent Religious Discrimination & Why Accommodate?

• The concepts of freedom of speech and freedom of religion are concepts that Americans hold dear and that are protected under the Constitution and federal and state laws.

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Why Prevent Religious Discrimination & Why

Accommodate?

Title VII of the Civil Rights Act requires employers to:• Provide a workplace free from religious discrimination

(including harassment) • Provide a reasonable accommodation for an employee’s

seriously held religious beliefs unless the accommodation would impose an undue hardship on the institution. (What constitutes reasonable accommodation and undue hardship depends on each situation’s facts.)

.

Why Prevent Religious Discrimination & Why

Accommodate?

Clemson’s Policy on Non-Discrimination• Clemson University is committed to a policy of equal

opportunity for all persons and does not discriminate on the basis of race, color, religion, sex, sexual orientation, gender, pregnancy, national origin, age, disability, veteran’s status, genetic information or protected activity (e.g., opposition to prohibited discrimination or participation in any complaint process, etc.) in employment, educational programs and activities, admissions and financial aid. This includes a prohibition against sexual harassment and sexual violence as mandated by Title IX of the Education Amendments of 1972.

Why Prevent Religious Discrimination & Why Accommodate?

• Discrimination – based on religion just as when based on gender, age, disability, ethnic origin – harms us all. The most important part of our institutional values is that all employees are treated with respect and dignity.

• Engaging in, condoning, not reporting religious discrimination is in direct conflict with our values.

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Procedure for Religious Accommodations

A supervisor should follow these steps when they become aware of an employee’s need for or receive an employee’s request for a religious accommodation:

• Immediately inform Access and Equity• Meet privately as soon as possible with the employee to

determine what the issue is

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Procedure for Religious Accommodations

• Document amount of time needed and dates the employee will be away from work

• Limit questions to those directly impacting the employee’s job

• Never question the employee about their religion to determine if it is valid

• Cost the request and the amount of disruption of the accommodation to normal business operations

• Consult with Access and Equity and Human Resources on handling of similar requests in the past

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Procedure for Religious Accommodations

• Review and discuss the request with the Access and Equity and decide on what, if any, reasonable accommodation may be made that does not create an undue hardship on the department/unit.

• Meet with the employee regarding the request and discuss the decision. It is recommended that an Access and Equity or Human Resource representative be present for this meeting.

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Types of Religious Accommodations We May Provide

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• Changes in Work Schedule – Using the examples of a religious issue from the beginning of this presentation:Example - Mary Brooks, who works in the conference services department, asks permission to be absent for Ramadan, an Islamic holiday. If all procedures are followed and Mary submits documentation for this request and if we have adequate staffing available that day, we would decide that this would be a reasonable accommodation that would not create an undue hardship on the business. We would probably recommend approval of this request.

Example - John Connor, who works in Student Affairs, asks to have his schedule changed from working on Saturdays to working on Sundays as his religion (Judaism) observes Saturday as the Sabbath. Even if all procedures were followed and John submits documentation for this request, because John was hired specifically to work on weekends and no other staff is available to perform his duties, we would most likely decide this is not a reasonable accommodation that would not create an undue hardship. We may recommend denying this request.

• Exceptions to dress code and appearance norms:Example – Amani Mahin, who works in the accounting department, asks permission to wear a burka to work. If Amani and her manager follow all procedures for this request and Amani submits documentation, we may determine that this is a reasonable accommodation that does not create an undue hardship. We would most likely recommend approval of this request.

Example – Tanvi Gandi, who works as a cook in the cafeteria, asks permission to wear a sari to work. Even if Tanvi and her manager follow all procedures for this request and Tanvi submits documentation, we would determine that the wearing of a sari while cooking presents a safety hazard to Tanvi, her co-workers and the business operations. We would most likely decide that that this is not a reasonable accommodation given the circumstances. We would probably recommend denying this request.

• Use of University Property - Using the examples of a religious issue from the beginning of this presentation:

Example – Bobby Jones, who works in the call center, asks if he can organize a prayer group with co-workers and conduct meetings in a conference room during part of their lunch times. Even if Bobby and his manager follow all procedures for this request and Bobby submits documentation, we would most likely consider that allowing this could be perceived as an endorsement of one type of religion and may lead to other employees asking for meeting rooms to conduct their own prayer group meetings. We also consider that our conference rooms as well as other facilities are for business purposes only. We would probably determine that this is not a reasonable accommodation that does not create an undue hardship. We would most likely not recommend approval of this request.

• Use of University Property (cont’d) - Using the examples of a religious issue from the beginning of this presentation:

Example – Amanda Smith, who works in the Admissions Office, wants to add “Have a Blessed Day” to her phone greeting. Even if Amanda and her manager follow all procedures for this request and Amanda submits documentation, we would consider that allowing this could be perceived as an endorsement of one type of religion and may lead to other employees asking to add similar religious sounding phrases on their phone greetings. We also consider that our phone system and greetings are for business purposes only and not to convey personal wishes, however nice. We would most likely determine that this is not a reasonable accommodation that does not create an undue hardship. We would probably not recommend approval of this request.

Responsibility of Supervisors

• Know and comply with our policy and procedures

• Immediately report any complaint that you receive from your employees or incidents that you witness involving other supervisors’ employees to Access and Equity

Responsibility of Supervisors

• Do not object if an employee prefers to or actually does bypass the standard chain of command

• Respond to any employee’s complaint as soon as possible

• Do not engage in retaliation against an employee who complains of religious discrimination or harassment

Responsibility of Supervisors

Investigations are conducted by the Office of Access and Equity

• Be available for interviews and provide as much information as possible

• Ensure employees are available for interviews

Responsibility of Supervisors

Once an investigation has been completed, if disciplinary action is to be taken, work with the Access and Equity and Human Resources to make sure that:• The victim is not adversely affected• The religious discrimination stops and does not recur

In handling requests for religious accommodations from your employees, inform Access and Equity immediately to ensure University procedures are adhered to.

Summary

There are several types of religious issues that appear in the workplace Complaints of discrimination (including harassment) Requests for religious accommodations and to use the

employer’s property for religious practices or activities

Summary

• It is important to prevent religious discrimination and provide accommodations when possible because the concept and right of freedom of religion are highly valued by Americans and are protected under the Constitution and federal and state laws

Summary

Title VII of the Civil Rights Act requires employers to: Provide a workplace free from religious discrimination (including

harassment) Provide a reasonable accommodation for employee’s seriously

held religious beliefs unless the accommodation would impose an undue hardship on the institution. (What constitutes reasonable accommodation and undue hardship depends on each situation’s facts.)

Summary

• Clemson University’s Anti-Harassment and Non-Discrimination Policy complies with federal and state laws and prohibits religious discrimination against students, employees and visitors and provides for religious accommodations when possible.

• The policy and procedures can be found at: http://www.clemson.edu/campus-life/campus- services/access/policies.html

Summary

Types of religious accommodation the institution may provide include (but are not limited to):• Changes in work schedules• Exceptions to dress code and appearance norms• Use of University property

Summary

Responsibilities of Supervisors regarding religious discrimination and accommodations are to:• Know and comply with our policy and procedures• Immediately report any complaints, incidents or requests to

Access and Equity for consultation• Do not deny a request before consultation• Do not object if an employee prefers or actually does bypass the

standard chain of command• Respond to any employee’s complaint/request as soon as

possible (even if you tell them you will need to get back to them)

Summary

Responsibilities of Supervisors regarding religious discrimination/harassment and accommodations are to:• Not engage in retaliation against an employee who complains of

religious discrimination/harassment or asks for an accommodation

• Assist with investigations• Handle requests for religious accommodations strictly in

accordance with the University’s policy and procedures.

Questions?