Supporting Religious Freedom in the Workplace

Why is the Workplace Religious Freedom Act necessary?  In 1972, the US Congress amended the Civil Rights Act of 1964 so as to define as a form of religious discrimination the failure of an employer to reasonably accommodate an employee’s religious observance unless such accommodation would impose an undue hardship on the employer’s business. In doing so, Congress properly recognized that the arbitrary refusal of an employer to accommodate an employee’s religious practice is nothing more than a form of discrimination. Unfortunately, this standard has been interpreted by the Supreme Court and lower courts in a way that makes it exceedingly difficult to enforce an employer’s obligation to provide religious accommodation. For many religiously observant Americans, the greatest peril to their ability to carry out their religious faiths on a day-to-day basis may come from employers. This may be from employers who will not make reasonable accommodation for observance of holy days, or those who refuse to make a reasonable accommodation to employees who must wear religiously-required garb, such as a headscarf or turban. The issues of holy day observance and religious garb, while accounting for a substantial portion of religious accommodation cases, far from exhaust the situations in which an employee is faced with an untenable choice because of an employer’s failure to provide a reasonable accommodation. The constrictive readings are inconsistent with the principle that religious discrimination should be treated fully as seriously as any other form of discrimination. Since the problems in this area turn on judicial interpretation of legislation, rather than constitutional doctrine, they are susceptible to correction by the US Congress. This is what the Workplace Religious Freedom Act is intended to do.

(Washington, DC) – On April 11, 2000, Representatives Jerrold Nadler (D-NY) and Asa Hutchinson (R-AR) introduced the Workplace Religious Freedom Act of 2000 (HR 4237) in Congress. The Islamic Supreme Council of America and the North American Council for Muslim Women (NACMW), along with over 40 national religious and civil rights groups, are proud to unite and promote this legislation via the Coalition for Religious Freedom in the Workplace. If passed, the new legislation will strengthen the religious accommodation provisions of Title VII of the Civil Rights Act of 1964.

Current civil rights law defines the refusal of an employer to reasonably accommodate an employee’s religious practice, unless such accommodation would impose an undue hardship on the employer, as a form of religious discrimination. However, this standard has been interpreted too narrowly by the courts and places little restraint on an employer’s ability to refuse to provide religious accommodation.

For many religiously observant Americans, the greatest peril to their ability to carry out their religious faiths on a day-to-day basis may come from employers. This may be from employers who will not make reasonable accommodation for observance of holy days, or those who refuse to make a reasonable accommodation to employees who must wear religiously-required garb, such as a headscarf or turban.

In an effort to correct an interpretation of the law that seemingly forces upon religiously observant employees a choice between their faith and their job, ISCA has joined efforts with a number of interfaith groups to help safeguard religious liberty and fight against religious discrimination. The coalition aims to do so by working with the representatives who have initiated the legislation, which will undoubtedly bring together Americans from a broad range of political and religious persuasions.

Sharifa al-Khateeb, Vice-President, NACMW, felt strongly about active participation in the legislation. “It is important for us to work toward this legislation with other faith groups and organizations,” she said. “If we want to be seen as people invested in America – whether financially, emotionally, and/or psychologically, then we have to be active partners in making America better. We need to support legislation that supports the largest number of people. This resolution is important because it affects everyone, religious or non-religious. It supports the right of every person to live their life conscientiously according to their own philosophy of life – whatever that happens to be.”

Al-Khateeb continued, “For us as Muslims, it encourages respect for people of all faiths and allows people who follow a particular faith to be part and parcel with the rest of American society without automatically being discriminated against. The United States needs every human being to be committed to making America better. This legislation furthers that commitment because it discourages discrimination.”