Research Proposal on "Employment Discrimination Based on Religion"

Research Proposal 7 pages (1988 words) Sources: 5 Style: APA

[EXCERPT] . . . .

Employment Discrimination Based on Religion

Employment Discrimination

Any form of discrimination is anathema and not acceptable in our modern democratic society. Discrimination by its very nature means denying others their human rights and unfairly privileging only a few. Employment discrimination is a particularly insidious form of discrimination as it can mean the loss of livelihood and the application of unfair labor practices. This paper will focus on religious discrimination in the context of employment. This is a particularly sensitive form of discrimination as it refers to values and beliefs that are extremely important to the individual. In terms of the democratic constitution of the United States, every individual has the right to religious freedom. This means that religious freedom is one of the founding principles of the country and, as such, should not be the object of discrimination.

This paper will provide an overview of issue and problems related to religious discrimination. This will include an examination of the legal aspects of this form of discrimination, as well as providing insight into its personal ramifications for those in society. The central thesis that will be explored is that this form of discrimination is not acceptable in any democratic society and runs counter to the very ethos and spirit of the American constitution.

The Meaning of Discrimination

A common definition of discrimination is the following; "People who are treated differently based upon their sex, race, marital status, religion and sexual orientation" ( Discrimination -- Introduction). A more extended definition is that discrimination is defined as, "….beliefs, attitudes, institutional arrangements and acts that tend to denigrate or deny equal treatment to individuals or groups based on racial characteristics or group affiliation"(Perceived Religious Discrimination and its Relationship to Anxiety and Paranoia among Muslim Americans).

The realization that discriminating on the grounds of religion is legally and socially indefensible has become an important aspect of the reaction from the workplace and other areas to religious discrimination. This can be seen in the fact that employees are now required to cater for a wide variety of religious needs of their employees; for example, the institution of prayer rooms in the workplace and making allowance for religious holidays.

Defining the Parameters of Employment Discrimination

According to the of the Civil Rights Act of 1964 (Title VI) there is a prohibition of "…workplace discrimination based on religion, national origin, race, color, or sex" and "…employers and unions should be particularly sensitive to potential discrimination or harassment against individuals" (Employment Discrimination Based on Religion, Ethnicity, or Country of Origin). The law also states that no person may be discriminated against on the basis of affiliation, perception or association. These points require some clarification in relation to their link with religious discrimination.

The law prohibits any form of discrimination or harassment of an employee based on affiliation. This in effect means that individuals may not be discriminated against if they are members of a particular religious group.

There issue of perception means that no individual should be discriminated against "….because of the perception or belief that a person is a member of a particular racial, national origin, or religious group whether or not that perception is correct" (Employment Discrimination Based on Religion, Ethnicity, or Country of Origin). An example of this type of discrimination is refusing to hire an individual simply because he or she comes from a Muslim country. This refers to the perception and not the fact that the individual may be linked to certain undesirable groups" (Employment Discrimination Based on Religion, Ethnicity, or Country of Origin).

One may also not discriminate because of an individual's association with a person or organization of a particular religion or ethnicity; an example would be as follows; "… harassing an employee whose husband is from Afghanistan, or refusing to promote an employee because he attends a Mosque" (Employment Discrimination Based on Religion, Ethnicity, or Country of Origin).

Religious Freedom and Discrimination

The Civil Rights Act of 1964 makes very specific and reference to the issue of discrimination on religious grounds. I t prohibits "…. employment discrimination based on religion by a private employer, state or local government or educational institution with 15 or more employees for 20 or more weeks a year" (Discrimination: Religion). The understanding of religion as referred to by the Equal Employment Opportunity Commission includes, " & #8230;moral or ethical beliefs about what is right and wrong which are sincerely held with the strength of traditional religious views" (Religious Discrimination).

Religious freedom or liberty an important part of the founding vision of America and is often referred to as the "first freedom" (Protecting the Religious Freedom of All: Federal Laws Against Religious Discrimination). This also refers to the First Amendment of the Bill of Rights and the view that, "… religious liberty is the right of people of all faiths to participate fully in the benefits and privileges of society without facing discrimination based on their religion" (Religious Discrimination). Therefore, discriminating against an employee on the grounds of religious faith or affiliation is a transgression of fundamental moral principles that are considered to be an intrinsic part of the cultural and social fabric or heritage of this country.

This law also provides protection in the workplace in terms of the concept of religious accommodation. This means that an employee must reasonably accommodate any employee who has "sincerely held religious beliefs" (DISCRIMINATION BASED ON RELIGION). This is an important concept. The "reasonable accommodation" of religious beliefs refers more specifically to the following scenario;" Once an employee or applicant has articulated an employment problem based on a conflict with a sincerely held religious belief, the employer must try to make a reasonable accommodation to the individual's religious needs" (DISCRIMINATION BASED ON RELIGION). There is a proviso to this law however, which states that, "…unless such accommodation would cause undue hardship to the company" (DISCRIMINATION BASED ON RELIGION).

There is an increasing awareness of religious rights and a consequent reaction to forms of religious discrimination in our society. As one study notes, "Religious accommodation requests and religious discrimination claims are on the rise" (Religious Discrimination). This can also be seen in the increasing number of religious accommodation requests as well as religious discrimination charges that have been filed with the EEOC. According to a study these requests and complaints have rising dramatically in the last decade; "Since 1997, the number of religious discrimination charges filed with the EEOC has increased nearly 50%. They are the third-fastest growing discrimination claims behind disability-based (Americans with Disability Act) claims and sexual harassment claims" Religious Discrimination).

There are many common examples from real life of this form of discrimination that are related to employment. For instance, "A Jewish instructor for a county job training program is told that he may not wear his yarmulke while teaching classes" (Protecting the Religious Freedom of All: Federal Laws Against Religious Discrimination). This clearly shows lack of regard for the religious rights of the individual. The following example based on a real life situation serves to illustrate the failure of the employer to accommodate the employee's religious rights and freedom to practice.

A store clerk who is a Seventh-day Adventist is scheduled to work on a Saturday, his Sabbath. Despite the willingness of a coworker with the same level of experience to switch shifts with him, his supervisor tells him that he must work Saturday or be fired (Protecting the Religious Freedom of All: Federal Laws Against Religious Discrimination).

Very often the prejudice against other religions or religious ideals is used as reason for not promoting an employee. In one case, " A supervisor passed over a qualified Mormon applicant for a job and is later overheard saying to a colleague that he would not feel comfortable working closely with a Mormon" (Protecting the Religious Freedom of All: Federal Laws Against Religious Discrimination).

These are all examples of violations of Title VII of the Civil Rights Act of 1964, which "….prohibits discrimination against persons based on their religion in hiring, promotion, or in the terms and conditions of employment" (Protecting the Religious Freedom of All: Federal Laws Against Religious Discrimination). It should also be noted that the above examples do not constitute undue or excess demands on the employer and are considered to be "within reason." As referred to, employers are also protected by the law in that they do not adhere to a religious request that is deemed to be unreasonable or which will have a detrimental effect on the business and be an "undue burden' on the employer.

The Effects and Consequences of Religious Discrimination

Discriminating against others on the grounds of religion or religious belief is an extremely serious form of discrimination. This is due to the fact religious belief and faith is usually a central or cardinal factor in the life of the religious individual. Therefore, to discriminate against someone on these grounds can be extremely harmful on many levels. On a psychological level it has been found that religious intolerance and prejudice, like… READ MORE

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