U.S. employers’ legal responsibilities for preventing religious discrimination

The Equal Employment Opportunity Commission in the United States reports a rapid increase in complaints involving religious discrimination in the workplace. Yet, because of vagaries in the legislation that governs employer responsibilities, well‐intended employers are often unclear about appropriate action to take to prevent or respond correctly to religious discrimination charges by employees. This article is intended to provide employers with the guidelines they need to both respect employees’ religious beliefs and avoiding legal liability. This paper examines an employer’s duty under the laws of the United States that are intended to assure a balance between the rules and practices needed to promote the objectives of the business and the religious interests of workers. In particular, we focus on decisions the courts have reached on cases charging religious discrimination in the workplace, with special attention on the U.S. Supreme Court’s role in establishing the parameters of employer action. We also ...