Employment Discrimination and Religious Preference
Objectives
By the end of this chapter, you will be able to:
- Identify practices of discrimination based on religious belief.
- Identify instances where religious preference is an appropriate.
- Distinguish between discrimination and preference when it comes to employment and religious belief.
Introduction
What is employment discrimination?
- Employment discrimination is when employers withhold employment or benefits because of an employee or applicant’s race, color, religion, sex, or national origin.
Although this is a list of “protected classes” identified by the United States, be aware of other characteristics in your own country that are, or could be, targets of employment discrimination. For the purposes of this chapter, we will be focusing on employment discrimination based on religious belief.
What is religious preference?
- Religious preference is when a religious organization hires, or admits into the organization, individuals who adhere to the same religion which the organization represents.
Guiding Principle
Although we want to restrict employers from discriminating against individuals because of their religious belief, we recognize that certain religious organizations should be allowed to make some employment decisions based on religion.
Government action focused on preventing religious discrimination but also allowing religious organizations their autonomy should focus on these principles:
- Human dignity and equality.
- The importance for each person to be free from personal injury as a result of religious discrimination.
- The role religious organizations play in society and the importance of allowing some religious organizations to hire employees who share the same beliefs as the employer.
Topics
| Employment Discrimination | Religious Preference | |
|---|---|---|
| Definition | When an employer refuses to hire or give benefits to an individual because of that individual’s religious belief. | When a religious organization shows preference in employing individuals who subscribe to the same religious belief as the organization. |
| Distinguishing Characteristics |
Religious or nonreligious organization Action targeting religious adherents To the detriment of the religious adherents |
Religious organizations Only institutions whose purpose and character are primarily religious. Usually nonprofit religious organizations |
| Examples |
Brigham Young University |
|
| Fundamental Values | Human Dignity and Equality | Importance of Religious Organizations’ Autonomy |
Employment Discrimination on the Basis of Religious Affiliation or Belief
Employment discrimination on the basis of religious belief can come in many forms. Employment discrimination is any action targeting a religious adherent because of that individual’s religious belief.
Employment discrimination based on religious belief can include:
- Terminating employment
- Refusing employment
- Denying employment benefits
- Workplace bullying
There are many different international obligations that prohibit workplace discrimination on the basis of religion. For example, the International Covenant on Civil and Political Rights, which Guatemala ratified in 1992, prohibits discrimination of any kind. “[T]he law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as… religion….” Similarly, the Universal Declaration on Human Rights, which Guatemala voted in favor of, guarantees the “right to work” and that “[e]veryone, without any discrimination, has the right to equal pay for equal work.”
When following this principle, employers may end up with a workforce composed of individuals with a wide variety of religious beliefs and practices. It is important to keep the individual beliefs of employees in mind. Employers should try to reasonably accommodate the religious needs of employees. For example, if the employer is providing lunch for employees and an Jewish employee’s religious convictions require him to only eat Kosher food, it is appropriate for the employer to provide a Kosher option at that meal. However, the employer should only need to make accommodations that do not create a substantial hardship for the employer.
Religious Organizations Exercising Religious Preference
Although it is important to prevent employers from discriminating, there are also times when the employer is allowed to show preference. In particular, the religious organizations should be allowed to show preference for those who adhere to the same religious tenets as the employer.
In the United States, nonprofit religious organizations are given an exemption from…
This exemption from traditional discrimination policy is allowed because of the autonomy of religious organizations.
Practice Example
Here is a hypothetical example to show this principle in practice:
Imagine a nonprofit religious organization which sells candles, incense, or other items of religious significance. This religious organization does not sell these items in order to make a profit but simply to cover the cost of production, employment, and expenses relating to running the physical store. This principle exists to allow that religious organization to employ someone who adheres to the same religious. Understandably, allowing the religious organization to hire one of its adherents ensures that the employee will have the proper respect for the items being sold and the rituals or practices for which they are used.
Brigham Young University is also an example of this principle. Because Brigham Young University is owned by the Church of Jesus Christ of Latter-day Saints, it can show preference under United States law in primarily hiring members of this church.
Action and Evaluation
In July 2016, the United States Department of Justice released a report entitled, “Combating Religious Discrimination Today: Final Report.” In this report, the Department of Justice focused on what governments can do to prevent religious discrimination. In particular, a government hoping to reduce the number of instances of religious discrimination in the workplace will focus on educating employers and employees. The Department of Justice included that “many employers are not fully aware of what they are required to do in order to fully comply with the prohibition against religious discrimination….” The report further recommended the government “provide targeted efforts and training to employers about their responsibilities.”
Another significant way to combat religious discrimination is to educate employees on how best to respond to religion-based workplace discrimination. Employees should be aware of their rights and the government can play a critical role in helping all citizens become cognizant of their rights.
Conclusion
It is important to recognize the difference between discrimination on the basis of religion and religious preference. Religious discrimination injures individuals and society as a whole. Religious organizations showing religious preference preserves the autonomy of religious organizations and ensures that religious organizations are run by those who believe in the same doctrine and value the same principles. While religious discrimination should be combatted and eliminated from society, religious preference should be allowed in relevant circumstances.
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