Question

1. Discuss the background of religious discrimination and give some contemporary issues.
2. Explain religious conflicts under Title VII and give examples.
3. List some ways in which management can avoid religious discrimination conflicts.

Answer 1

Religion, in society, is a custom-defined system of specific opinions, ethics/morals, behaviours and practices. You may see it as a person's cultural way of being. To choose and freely practice your religion is a fundamental right. However, religious boundaries and freedoms are mostly in conflict and it is here, essentially, that discrimination is born.

In countries housing a diversity of religious beliefs, we often see discrimination against minorities. For instance, in America there are several issues on Antisemitism, Anti-Atheism, Anti-Muslim mentalities in the workplace, schools, colleges etc. despite longstanding laws against religious discrimination.

Title VII of the Civil Rights Act 1964 is a fundamental legislation that prohibits workplace discrimination on the grounds of sex, sexual orientation, race, ethnicity, color or religion. Employers are forbidden from hiring or firing employees on these grounds. The Samantha Elauf v/s Abercrombie & Fitch (2009 Lawsuit) is an important case in point. Abercrombie and fitch, in 2008, refused to hire Ms. Elauf on the grounds that her hijab (head scarf worn by Muslim women outdoors because of religious beliefs) was in conflict with its "Look Policy" (i.e. dress code). Ruling in Ms. Elaufs favour the judge, in 2015, noted that "Title VII forbids adverse employment decisions made with a forbidden motive, whether this motive derives from actual knowledge, a well founded suspicion or merely a hunch. An employer shouldn't make an applicant's religious practice, confirmed or otherwise, a factor in employment decisions".

WAYS TO AVOID RELIGIOUS DISCRIMINATION AT WORK:

"Inclusiveness" at work needs to be accepted and respected. Sensitization to religious diversity is imperative. This is achievable if there are-

1. Written objective criteria for evaluation of a candidate in the matters of hiring/promotions and their consistent application
2. Providing accurate business reasons for carrying out disciplinary actions on performance related issues and leaving no room for doubts about religious discrimination
3. Written rules and well documented Anti-harassment policies that clearly spell the meaning of religious discrimination and provide for effective complaint mechanisms with a ZERO TOLERANCE policy.