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Religious Accommodations in the Workplace
On July 22, 2008, the Equal Employment Opportunity Commission (“EEOC”) issued a revised Compliance Manual Section regarding religious discrimination in the workplace. See EEOC Compliance Manual on Religious Discrimination (the “Manual”). Although the Manual does not purport to change EEOC policy, it does provide further clarification regarding the EEOC's application of Title VII with respect to religious discrimination. This article provides a general overview of the Manual and examines its guidance on the definition of “religion” as well as an employer's obligation to provide a reasonable accommodation.
Background
According to a press release from the EEOC, the Manual was issued “in response to an increase in charges of religious discrimination, increased religious diversity in the United States, and requests for guidance from stakeholders and agency personnel investigating and litigating claims of religious discrimination.” See Press Release: EEOC Issues Compliance Assistance on Religious Discrimination, Tuesday July 22, 2008, available at http://www.eeoc.gov/press/7-22-08.html. It does not replace or modify in any way the EEOC's existing policies on religious discrimination, 20 C.F.R.
' 1605 (2008). Rather, it is designed as a practical resource for employers in creating and maintaining a work environment that is free from religious discrimination and harassment.
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