Encountering Religion in the Workplace

F. Gregory Raymond

Description

In a recent survey, 20 percent of the workers interviewed reported that they had either experienced religious prejudice while at work or knew of a coworker who had been subjected to some form of discriminatory conduct. Indeed, according to the Equal Employment Opportunity Commission, the filing of religious discrimination charges under Title VII of the Civil Rights Act of 1964 (which prohibits discrimination in employment based on race, color, national origin, sex, and religion) increased 75 percent between 1997 and 2008. The growing desire on the part of some religious groups to openly express their faith while at work has forced their employers and coworkers to reconsider the appropriateness of certain aspects of devotional conduct. Religion in the workplace does not sit well with all workers, and, from the employer's perspective, the presence of religious practice during the workday may be distracting and, at times, divisive. A thin line separates religious self-expression-by employees and employers-from unlawful proselytizing. In Encountering Religion in the Workplace, Raymond F. Gregory presents specific cases that cast light on the legal ramifications of mixing religion and work-in the office, on the factory floor, even within religious organizations. Court cases arising under Title VII and the First Amendment must be closely studied, Gregory argues, if we are to fully understand the difficulties that arise for employers and employees alike when they become involved in workplace disputes involving religion, and his book is an ideal resource for anyone hoping to understand this issue.

Sujets

• Droit et juridique
• Political science of religion

Informations

• Publié par: Cornell University Press
• Date de parution: 15 janvier 2011
• Nombre de lectures: 0
• EAN13: 9780801460746
• Langue: English

Extrait

Encountering Religion in the Workplace

Other Books by Raymond F. Gregory

Age Discrimination in the American Workplace: Old at a Young Age

Women and Workplace Discrimination: Overcoming Barriers to Gender Equality

Unwelcome and Unlawful: Sexual Harassment in the American Workplace

Norman Thomas: The Great Dissenter

Encountering Religion in the Workplace

The Legal Rights and Responsibilities of Workers and Employers

Raymond F. Gregory

ILR Press an imprint of Cornell University Press Ithaca and London

Copyright © 2011 by Raymond F. Gregory

All rights reserved. Except for brief quotations in a review, this book, or parts thereof, must not be reproduced in any form without permission in writing from the publisher. For information, address Cornell University Press, Sage House, 512 East State Street, Ithaca, New York 14850.

First published 2011 by Cornell University Press First printing, Cornell Paperbacks, 2011 Printed in the United States of America

Library of Congress CataloginginPublication Data Gregory, Raymond F., 1927–  Encountering religion in the workplace : the legal rights and responsibilities of workers and employers / Raymond F. Gregory.  p. cm.  Includes bibliographical references and index.  ISBN 978-0-8014-4954-3 (cloth : alk. paper)  ISBN 978-0-8014-7660-0 (pbk. : alk. paper)  1. Religion in the workplace—Law and legislation—United States. I. Title.  KF3466.5.G74 2011  344.7301'256—dc22 2010027388

Cornell University Press strives to use environmentally responsible suppliers and materials to the fullest extent possible in the publishing of its books. Such materials include vegetable-based, low-VOC inks and acid-free papers that are recycled, totally chlorine-free, or partly composed of nonwood fibers. For further information, visit our website at www. cornellpress.cornell.edu.

Cloth printing Paperback printing

10 9 8 7 6 5 4 3 2 1 10 9 8 7 6 5 4 3 2 1

For Raymond, Pamela and John, George, and Dawn and Emma, Alanna, and George

Introduction

Contents

Part I. Religious Discrimination in the Workplace

1. Is There a Place for Religion in the Workplace?

2. What Is Religion as Defined by Law?

3. Religious Discrimination and the Civil Rights Act of 1964

4. Religious Discrimination at Various Stages of the Employment Relationship

5. Religious Discrimination Claims Arising Out of the Termination of Employment

6. Employee Proselytization

7. Employer Proselytization

8. Employer Liability for Employee Acts of Religious Harassment

9. Workplace Discrimination and Certain Religious Groups

1

7 9 15 27

42

59 70 81 91 99

v i i i Contents

Part II. Religion and the PublicSector Workplace

10. Religion in the Public-Sector Workplace

11. Proselytizing in the Public-Sector Workplace

Part III. Exemptions to Discrimination Laws

12. Exemptions from the Discrimination Laws Granted to Religious Organizations

13. The Ministerial Exception

14. Questionable Applications of the Ministerial Exception

Part IV. Accommodating Worker Religious Practices

15. General Principles of Accommodation

16. Accommodation in Practice

17. Accommodation in Out-of-the-Ordinary Circumstances

Part V. Retaliation and Other Issues

18. Religious Discrimination and Retaliation

19. Some Additional Issues

20. Religion and the Law in the Workplace of the Future

Notes List of Cases Discussed in the Book Index

115 117 130 139

141 159 170 181 183 195 205 213 215 230 241

247 255 261

Encountering Religion in the Workplace