On January 15, 2021, the US Equal Employment Opportunity Commission (EEOC) approved revisions to the EEOC’s Compliance Manual Section on Religious Discrimination. The updated guidance describes the ways in which Title VII of the Civil Rights Act of 1964 (Title VII) protects individuals from religious discrimination in the workplace and sets forth the legal protections available to religious employees.
The revised manual is designed to be a practical resource for employers, employees, practitioners, and EEOC enforcement staff of Title VII’s prohibition against religious discrimination. The manual does not have the force and effect of law and is not meant to bind the public in any way. The intended purpose is to provide clarity to the public on existing requirements under the law and how the Commission will analyze these matters in performing its duties. The manual was revised due to significant increase in religious discrimination charges filed with the EEOC from 1997 to 2019.
The Civil Rights Act of 1964 (Title VII) protects workers from employment discrimination based on their race, color, religion, sex, national origin, and protected activity. Under this act, an employer is prohibited from discriminating because of religion in hiring; promotion; discharge; compensation; or other terms, conditions, or privileges of employment.
The revised manual can be accessed at Section 12: Religious Discrimination | U.S. Equal Employment Opportunity Commission (eeoc.gov).
Issue
Discrimination in the workplace is illegal, including when based on an employee’s race, color, religion, sex, national origin, and protected activity. It is essential that administration, all supervisory staff, and human resource personnel are aware of what may constitute discrimination in the workplace. Facilities must have zero tolerance policies for any type of discrimination, including religious discrimination.
Discussion
- Review policies and procedures to ensure prevention of any type of discrimination, including religious discrimination. Revise policies and procedures if needed.
- Train staff about their right to be free from discrimination in the workplace. Teach staff to report any concerns of discrimination against themselves or their co-workers to their immediate supervisor, the compliance officer, or through the facility’s hotline.
- Periodically audit by anonymously polling staff to determine if they are experiencing discrimination or have observed it happening to others. Ask if they feel free to report such instances without fear of retaliation or retribution.
