Virginia Lawyers Weekly

The Equal Employment Opportunity Commission recently issued a new Compliance Manual Section dealing with religious discrimination in the workplace.

The number of filings complaining about this type of discrimination rose to a record high last year.

The new manual section reviews the relevant provisions of Title VII and outlines the EEOC’s policies regarding religious discrimination, harassment and accommodation.

“Title VII of the Civil Rights Act of 1964 seeks to ensure that applicants and employees enjoy the freedom to compete, advance and succeed in the workplace, irrespective of their religious beliefs,” said EEOC Chair Naomi C. Earp. “This Compliance Manual Section serves as a valuable resource for employers, employees, practitioners and EEOC staff seeking information on Title VII’s prohibition against religious discrimination.”

While the manual does not reflect any change in law or policy, it is meant to clearly explain constitutes “religion” within the meaning of Title VII. It also addresses a number of other issues, including disparate treatment based on religion, when reasonable accommodations for religious beliefs and practices are necessary, and examples of religion-based harassment and retaliation.

The section is intended to give guidance on the sometimes complex issues involved in balancing employees’ rights to religious expression with employers’ need to maintain efficient, productive workplaces.

Religious discrimination filings with the EEOC nationwide have risen substantially over the past 15 years, doubling from 1,388 in Fiscal 1992 to 2,880 in Fiscal 2007.

The Compliance Manual Section can be found on the EEOC’s Web site: http://www. eeoc.gov/policy/docs/religion.html.

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