Encountering Religion in the Workplace: The Legal Rights and Responsibilities of Workers and Employers

by Raymond F. Gregory

Overview

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.

Product Details

ISBN-13:	9780801476600
Publisher:	Cornell University Press
Publication date:	01/15/2011
Edition description:	New Edition
Pages:	280
Product dimensions:	5.90(w) x 8.90(h) x 0.70(d)
Age Range:	18 Years

About the Author

Raymond F. Gregory is the author of Unwelcome and Unlawful: Sexual Harassment in the American Workplace, also from Cornell, Norman Thomas: The Great Dissenter, Women and Workplace Discrimination, and Age Discrimination in the American Workplace.

Table of Contents

Introduction 1

Part I Religious Discrimination in the Workplace 7

1 Is There a Place for Religion in the Workplace? 9

2 What Is Religion as Defined by Law? 15

3 Religious Discrimination and the Civil Rights Act of 1964 27

4 Religious Discrimination at Various Stages of the Employment Relationship 42

5 Religious Discrimination Claims Arising Out of the Termination of Employment 59

6 Employee Proselytization 70

7 Employer Proselytization 81

8 Employer Liability for Employee Acts of Religious Harassment 91

9 Workplace Discrimination and Certain Religious Groups 99

Part II Religion and the Public-Sector Workplace 115

10 Religion in the Public-Sector Workplace 117

11 Proselytizing in the Public-Sector Workplace 130

Part III Exemptions to Discrimination Laws 139

12 Exemptions from the Discrimination Laws Granted to Religious Organizations 141

13 The Ministerial Exception 159

14 Questionable Applications of the Ministerial Exception 170

Part IV Accommodating Worker Religious Practices 181

15 General Principles of Accommodation 183

16 Accommodation in Practice 195

17 Accommodation in Out-of-the-Ordinary Circumstances 205

Part V Retaliation and Other Issues 213

18 Religious Discrimination and Retaliation 215

19 Some Additional Issues 230

20 Religion and the Law in the Workplace of the Future 241

Notes 247

List of Cases Discussed in the Book 255

Index 261

What People are Saying About This

Risa L. Lieberwitz

Encountering Religion in the Workplace is an important book for students of labor and employment law, professors, attorneys, and anyone interested in the role of religion in a secular society at a time when discussions of religion are so pervasive. The scope of issues of religion in the workplace is broad and the content complex; Raymond F. Gregory covers these areas in depth without sacrificing clarity. This is true for more straightforward issues as well as areas where legal issues are in tension. Gregory shows the contradictions that exist in balancing the free exercise of religion with rights to be free from religious proselytizing or from governmental establishment of religion.

Lucy Vickers

This book offers an excellent and engaging account of the complex and increasingly important issue of religion and the workplace. It will be of great interest to employment lawyers as well as to those concerned with religious rights.

Editorial Reviews

A well-rounded and engaging synopsis of religious discrimination law..., providing both a readable overview, as well as a unique firsthand perspective from a lawyer with decades of experience in the field.... The heart of the book resides in the many case summaries used throughout the text. They are clear, concise, and often compellingly written.

The Law and Politics Book Review - Dylan Weller

This book has been written for the laypersons and those lawyers who do not specialize in employment law. Every attempt has been made to eliminate technical language and legal jargon and to preclude immersion in legal intricacies and technical data having less than general application.... The broad picture takes precedence over special circumstances that may be relevant only in a limited number of instances. The right to practice one's religion in the work area comes with limitations. That is the primary subject matter of this book—limitations. Under what circumstances is a worker limited in practicing his or her religious beliefs in the workplace?

Prabuddha Bharata

A well-rounded and engaging synopsis of religious discrimination law..., providing both a readable overview, as well as a unique firsthand perspective from a lawyer with decades of experience in the field.... The heart of the book resides in the many case summaries used throughout the text. They are clear, concise, and often compellingly written.

--Dylan Weller "The Law and Politics Book Review"

This book has been written for the laypersons and those lawyers who do not specialize in employment law. Every attempt has been made to eliminate technical language and legal jargon and to preclude immersion in legal intricacies and technical data having less than general application.... The broad picture takes precedence over special circumstances that may be relevant only in a limited number of instances. The right to practice one's religion in the work area comes with limitations. That is the primary subject matter of this book--limitations. Under what circumstances is a worker limited in practicing his or her religious beliefs in the workplace?

-- "Prabuddha Bharata"

From the Publisher

"This book offers an excellent and engaging account of the complex and increasingly important issue of religion and the workplace. It will be of great interest to employment lawyers as well as to those concerned with religious rights."

Lucy Vickers

"Encountering Religion in the Workplace is an important book for students of labor and employment law, professors, attorneys, and anyone interested in the role of religion in a secular society at a time when discussions of religion are so pervasive. The scope of issues of religion in the workplace is broad and the content complex; Raymond F. Gregory covers these areas in depth without sacrificing clarity. This is true for more straightforward issues as well as areas where legal issues are in tension. Gregory shows the contradictions that exist in balancing the free exercise of religion with rights to be free from religious proselytizing or from governmental establishment of religion."

Risa L. Lieberwitz