On July 22, 2008, the EEOC released a new section of its Compliance Manual regarding religious discrimination under Title VII.  According to EEOC statistics, religious discrimination charges have doubled in the past 15 years to a record level of 2,880 in 2007.  The new section was, at least in part, a response to this rise.  It does not purport to change the law, and the EEOC’s existing regulations on religious discrimination remain in effect. 

The EEOC states in the new section that “religion” includes certain “non-theistic ‘moral or ethical beliefs as to what is right and wrong which are sincerely held with the strength of traditional religious views.’”  Employers are required to reasonably accommodate employees’ sincerely held religious beliefs when they conflict with a work requirement, as long as the accommodation does not constitute an undue hardship.  Although the “reasonable accommodation” and “undue hardship” language is familiar to most employers under the ADA, the reasonable accommodation of religion required under Title VII involves a more limited standard than under the ADA.  The examples and “Employer Best Practices” set out in the accommodation section of the Compliance Manual contain many common scenarios and may serve as a useful resource.

The EEOC Compliance Manual also contains a religious harassment section, including guidance on balancing anti-harassment obligations with accommodation obligations.  This tension often arises where an employee’s religious beliefs require him or her to “proselytize,” and co-workers complain that this is harassment.

Sonja L. Lengnick