Accommodating respectful religious expression in the workplace


17-Mar-2019 04:53

But he has not been sympathetic to the claims of religious people to exemptions from generally applicable norms and for special accommodations for religious practice.In fact, he wrote for the Court in the (to many, infamous) decision in holding that the Free Exercise Clause, contrary to the suggestion of earlier cases, required no such accommodations or exceptions from neutral laws of general applicability.So, with advance apologies to Professor Ruan, here is how I read the article.Ruan posits an inconsistency between the emerging willingness of the Supreme Court to protect religious expression in public spaces (as illustrated by the Ten Commandments cases of 2005) and its rather narrow reading of the requirements to accommodate religious expression in the workplace under Title VII, where employers need incur no more than a de minimis burden to accommodate religious expression and practice.I am sympathetic to Ruan’s arguments for greater accommodation of religious expression in the workplace.

The law requires an employer or other covered entity to reasonably accommodate an employee's religious beliefs or practices, unless doing so would cause more than a minimal burden on the operations of the employer's business.Although the law doesn't prohibit simple teasing, offhand comments, or isolated incidents that aren't very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted).The harasser can be the victim's supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer.One could criticize this as overly solicitious of the majority and as insufficiently accommodating of individual conscience, but I don’t know that inconsistency is a particularly telling objection.

accommodating respectful religious expression in the workplace-21

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That Scalia believes that religion encourages morality does not imply that it must be accommodated in areas where the government or those who set the terms for a private relationship believe that it should not be.If I must wear a button with a picture of a fetus, am I creating a hostile environment for those who do not share my religious views — some of whom may have had an abortion.



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