Under the First Amendment, Americans enjoy two freedoms with respect to religion: the right to be free from a government-imposed religion, and a right to practice any religion. While private employers are not bound by the Constitution's restrictions on government, they are subject to federal and state laws that ban religious discrimination in employment. Given the number of employed persons and the variety of religious faiths in this country, and the freedom we enjoy to express our views, the subject of religious discrimination continues to pose tough questions for employers and the courts.
Religion in the Workplace
Because of our country's great diversity, employers may hire employees from a great variety of countries and religious backgrounds. In an ideal work environment, the religious beliefs of a given employee, or of the employer, do not create conflicts. Either is free to believe as he or she chooses and, as long as the work gets done satisfactorily, neither will encounter difficulty on the basis of religion. Yet, in the real world, a number of issues can arise to create friction. An employer and employee may discuss, or even argue over, religious principles. What's more, religion is not simply a matter of belief. The faithful practice their religion through various actions -- styles of dress, manner of keeping or wearing one's hair, trying to recruit others to their faith, following certain diets, praying, fasting, avoiding certain language or behavior, and observing certain religious holidays. Put simply, the many characteristics of different religions provide ample ground for disagreement, conflict, or even harassment among employers and employees.
Religion, Employment, and Anti-Discrimination Laws
The First Amendment establishes certain boundaries in terms of government establishment of religion and the individual's right to free exercise of a chosen religion. In the private sector, the matter of religion is governed by state and federal civil rights laws. The primary statute in this area is Title VII of the Civil Rights Act of 1964. Title VII prohibits private employers from discriminating on several bases, including race, color, religion, sex, or national origin. Various state laws also prevent discrimination. The courts have recognized various forms of prohibited discrimination, including disparate treatment, disparate impact, and a hostile environment.
