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Spirituality in the Work Place

Dr. G. Gordon Allen
Dr. G. Gordon Allen
Honoring Established Religious Practices at Work

It's a paradox of American society that discussion of our deepest private feelings is most often limited to the most public forums imaginable.

So it is that we know more about sex between ex-President Bill Clinton and Monica Lewinsky than between any people we actually know, and that we know more about Sen. Joseph Lieberman's religious beliefs than we likely know about the beliefs of our neighbors.

That paradox is evident at work, especially regarding religion.

On the one hand, religious beliefs are among the least-discussed topics, so as a manager you're unlikely to face the issue. On the other hand, when the issue is raised it can affect several very public elements of work, ranging from schedules and job duties to dress and appearance standards.

Happily, managing this aspect of diversity is less complex than it seems. We'll share some of the specifics, but there's really just one simple rule: Do your best to respect established religious practice.

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Taking Action

Make a reasonable effort to accommodate a range of religious beliefs. Title VII of the Civil Rights Act prohibits discrimination on the basis of religion. That sounds broad enough to be intimidating. But over time, the Supreme Court and the EEOC have clarified what it means.

The court first said that those who have an "orthodox belief in God" are clearly protected. Later, it expanded the definition to protect moral and ethical beliefs that have the function of a religion in someone's life. That opened the door for the EEOC to state that the law's protection is not limited to traditional religion and religious practices. For example, a teacher won a judgment against a school district after she argued successfully that she was fired because of her New Age beliefs.

That said, the law distinguishes between what a religion requires and what people simply prefer. For example, a former employee sued a department store after she was fired for going on a pilgrimage during the store's busy holiday season. The employee lost the case because although she "felt called to go," her religion didn't require it and there were pilgrimages at other times that she could have attended.

In another case, an employer required its salespeople to live in the same area as their customers. A Jewish applicant was offered a sales job and accepted it. Later, he asked to move 40 miles away because there was no Jewish community in the town. The company denied his request, and he sued for religious discrimination. He lost the case because the Jewish faith doesn't require living in a Jewish community, and he admitted that part of his motivation was to enroll his children in a better school district. The court found he simply preferred to live in a Jewish community.

As these decisions suggest, the courts ask only that employers make a reasonable effort to accommodate religious beliefs; the courts specifically protect employers from undue hardship. As a manager, your job is to decide what's "reasonable" when it comes to scheduling, job tasks, appearance and so on. Obviously, this decision can't and shouldn't be made in a vacuum; the courts and the EEOC have provided the framework.

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Do not sacrifice business interests. No accommodation should imperil your business. For example, an employer working to meet a deadline hired welders to work at least 10-hour days six days a week to finish the project. One welder sued after he was fired for refusing to work Saturdays on religious grounds. The employer won after proving that it had a shortage of welders and had been unable to hire welders for just one day per week. Short one welder, the company would have missed delivery on contracts that included penalties for being late. The court concluded that giving the man Saturdays off would be a hardship for the whole firm.

Don't impinge on the rights of other employees. After being offered a job as a sheriff's deputy, a woman told the department she was unable to work on her Sabbath. She withdrew her application and sued when told that she would have to work on those days. The department explained that work assignments were based on seniority. The woman lost her case because the court said that the department's seniority system was fair and accommodating her would have impinged on the rights of other employees.

Explore the options. The law requires that you consider how to accommodate an employee's religious beliefs. A temporary Department of Agriculture border inspector sued when he didn't get a regular position because his religion kept him from working Saturdays. The department argued that giving him Saturdays off would burden his co-workers and complicate scheduling. The employee won because the department had not considered any options, such as shift trading. The court also found that co-workers would not be burdened because the man was willing to work other undesirable shifts, relieving co-workers from having to do so. (Beware, however, that the decision might have been different if scheduling was influenced by a collective bargaining agreement or an established seniority system.)

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