Title VII and Religious Accommodations

The best foundation for religious accommodations for AI is probably found in Title VII of the Civil Rights Act of 1964. Title VII prohibits different types of discrimination by employers, including religious discrimination. That discrimination can include things that seem neutral, but result in religious discrimination because of employee beliefs. Title VII came into play with COVID vaccine religious exemptions for employees (more here).

The U.S. DOJ Civil Rights Division explains Title VII this way:

“Title VII of the Civil Rights Act of 1964

Title VII of the Civil Rights Act of 1964(Title VII) makes it unlawful for an employer to discriminate against someone because of:

• Race;

• Color;

• Religion;

• Sex; or

• National origin.

Title VII also makes it unlawful for an employer to take a negative action, or retaliate, against a person because they:

• Complained about discrimination, whether formally or informally;

• Filed a charge of discrimination with an agency like the U.S. Equal Employment Opportunity Commission, or

• Participated as a witness in an employment discrimination investigation or lawsuit.

Title VII also makes it unlawful to use policies or practices that seem neutral but have the effect of discriminating against people because of their race, color, religion, sex, or national origin.

Under Title VII, it is unlawful to discriminate in any aspect of employment, including:

• Hiring and firing;

• Compensation, assignment, or classification of workers;

• Transfer, promotion, layoff, or recall;

• Job advertisements and recruitment;

• Testing;

• Use of employer facilities;

• Training and apprenticeship programs;

• Retirement plans, leave, and benefits; or

• Other terms and conditions of employment.

Under Title VII, employers also cannot:

• Harass an employee because of race, color, religion, sex, or national origin;

• Refuse or fail to make reasonable adjustments to workplace policies or practices that allow individual workers to observe their sincerely held religious beliefs;

• Make employment decisions based on stereotypes or assumptions about a person’s abilities, traits, or performance because of their race, color, religion, sex, or national origin;

• Deny job opportunities because a person is married to, or associated with, a person of a particular race, color, religion, sex, or national origin.

The Attorney General, through ELS, brings lawsuits under Title VII against state and local government employers after the EEOC refers a complaint to the Department of Justice. ELS also can start investigations and bring lawsuits against state and local government employers when there is reason to believe that an employer’s policy or practice discriminates against a group of job applicants or employees based on their race, color, religion, sex, or national origin.”

Helpful links:

• Full text at the website for the U.S. Equal Employment Opportunity Commission.

• The Department of Labor website for Title VII

• EEOC fact sheet on religious accommodations in the workplace

• More details and link to religious accommodations request form