Eeoc Laws: Do They Apply To Churches?

The EEOC's Compliance Manual on Religious Discrimination provides guidance on the application of Title VII to religious organizations. The manual states that the exemption for religious organizations applies to those whose purpose and character are primarily religious. It further states that the exemption applies to a religious corporation, association, educational institution, or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution, or society of its activities. The manual also states that the exemption does not apply to discrimination based on race, color, sex, or national origin.

Sub topics of 'do eeoc laws apply to churches'

Sub topics of do eeoc laws apply to churches

Religious Discrimination in the Workplace

The Equal Employment Opportunity Commission (EEOC) has published an updated version of Section 12 of its Compliance Manual, which concerns Religious Discrimination. This document now clarifies protections for religious employers under the current state of the law. Although the EEOC Compliance Manual does not have the force of law, it explains legal requirements and agency policies on various issues, including some protections for religious organizations that employ staff members.

Expansion of the Definition of Religious Organization

Section 12 of the EEOC Compliance Manual expands the definition of a religious organization to include for-profit organizations and those that perform secular activities. However, it does not explicitly include or exclude for-profit corporations within the definition of a religious organization. This definition is essential because Title VII contains an exemption for religious organizations, which allows them to hire and employ individuals of a particular religion.

Generally, religious organizations are those whose purpose and character are primarily religious. One must look at "all the facts" to determine whether an organization meets this definition, considering factors such as:

• Whether it is a for-profit entity
• Whether it promotes a secular product
• Whether the articles of incorporation or other organizational documents state a religious purpose
• Whether it is owned, affiliated with, or financially supported by a formal religious entity
• Whether a formal religious entity participates in the management of the entity
• Whether the entity advertises itself to the public as secular or sectarian
• Whether the entity regularly includes prayer or other forms of worship in its activities
• Whether it provides religious instruction if it is an educational institution
• Whether its membership is made up of coreligionists

Nonetheless, the EEOC will consider whether an organization meets the definition of a religious organization on a case-by-case basis. This section also acknowledges that courts have found that entities that perform secular activities may still qualify as religious organizations.

The Ministerial Exception to Certain Religious Discrimination Claims

The EEOC Compliance Manual explains how the ministerial exception insulates religious employers from some discrimination claims. This exception is based on the Religion Clauses of the First Amendment, which safeguard the right of religious organizations to employ people who ascribe to and live out their religious beliefs. The ministerial exception applies whether the challenged employment decision was for religious reasons or not.

As a result, the First Amendment protects religious employers from discrimination claims involving selecting, supervising, and removing certain key employees. Most notably, these claims are not limited to ministers or employees who minister to others.

Not only churches and houses of worship enjoy the protections of the ministerial exception. Instead, it applies to any organization whose mission has obvious religious characteristics. In the context of these organizations, the ministerial exception applies to employees who perform vital religious duties that are at the core of the organization's mission. This application is in line with the expanded definition of religious organization.

The EEOC Compliance Manual provides a comprehensive overview of the protections available to religious organizations under the current state of the law. While the manual does not have the force of law, it is a valuable resource for religious organizations that employ staff members.

The definition of religion under Title VII

Religious beliefs include theistic beliefs (i.e. those that include a belief in God) as well as non-theistic “moral or ethical beliefs as to what is right and wrong which are sincerely held with the strength of traditional religious views. Although courts generally resolve doubts about particular beliefs in favor of finding that they are religious, beliefs are not protected merely because they are strongly held. Rather, religion typically concerns “ultimate ideas” about “life, purpose, and death. Social, political, or economic philosophies, as well as mere personal preferences, are not “religious” beliefs protected by Title VII.

Are there any exceptions to who is covered by Title VII's religion provisions?

Yes, there are exceptions to who is covered by Title VII's religion provisions. While Title VII's jurisdictional rules apply to all religious discrimination claims under the statute, "specially-defined" "religious organizations" and "religious educational institutions" are exempt from certain provisions. The "ministerial exception", derived from the First Amendment principle, bars claims by employees who serve in clergy roles or perform vital religious duties at the core of the religious institution's mission. This includes employees who engage in church governance, supervise a religious order, or conduct religious rituals, worship, or instruction.

Courts have found that the religious organization exemption applies not only to churches and other houses of worship but also to religious schools, hospitals, and charities. Religious organizations are permitted to give employment preference to members of their own religion, as long as their "purpose and character are primarily religious". Factors that indicate whether an entity is religious include its articles of incorporation, its day-to-day operations, its non-profit status, and its affiliation with or support from a church or other religious organization.

What is the scope of the Title VII prohibition on disparate treatment based on religion?

For example, employers may not refuse to hire, recruit, or promote individuals of a certain religion, nor may they impose stricter promotion or work requirements on employees because of their religious beliefs. Employers are also prohibited from selecting one applicant over another based on a preference for employees of a particular religion.

Additionally, employment agencies may not comply with requests from employers to engage in discriminatory recruitment practices, such as screening out applicants with names associated with a particular religion. Employers may not refuse to hire an applicant because they may need a reasonable accommodation for their religious beliefs or practices, as long as providing such accommodation does not cause undue hardship to the employer.

The scope of Title VII's prohibition on disparate treatment based on religion is similar to its prohibition on discrimination based on race, color, sex, or national origin. This means that any form of differential treatment, whether motivated by bias or preference, is a violation of the statute.

What constitutes religious harassment under Title VII?

Religious harassment in violation of Title VII occurs when employees are:

• Required or coerced to abandon, alter, or adopt a religious practice as a condition of employment (this type of “quid pro quo harassment may also give rise to a disparate treatment or denial of accommodation claim in some circumstances); or
• Subjected to unwelcome statements or conduct that is based on religion and is so severe or pervasive that the individual being harassed reasonably finds the work environment to be hostile or abusive, and there is a basis for holding the employer liable.

It is necessary to evaluate all of the surrounding circumstances to determine whether or not particular conduct or remarks are unwelcome. For example, where an employee is upset by repeated mocking use of derogatory terms or comments about his religious beliefs or observance by a colleague, it may be evident that the conduct is unwelcome. In contrast, a consensual conversation about religious views, even if quite spirited, does not constitute harassment if it is not unwelcome.

Even unwelcome religiously motivated conduct is not unlawful unless the victim subjectively perceives the environment to be abusive and the conduct is severe or pervasive enough to create an environment that a reasonable person would find hostile or abusive. Religious expression that is repeatedly directed at an employee can become severe or pervasive, whether or not the content is intended to be insulting or abusive. Thus, for example, persistently reiterating atheist views to a religious employee who has asked that this conduct stop can create a hostile environment.

The extent to which the expression is directed at a particular employee is relevant to determining whether or when it could reasonably be perceived to be severe or pervasive by that employee. For example, although it is conceivable that an employee may allege that he is offended by a colleague’s wearing of religious garb, expressing one’s religion by wearing religious garb is not religious harassment. It merely expresses an individual’s religious affiliation and does not demean other religious views. As such, it is not objectively hostile. Nor is it directed at any particular individual. Similarly, workplace displays of religious artifacts or posters that do not demean other religious views generally would not constitute religious harassment.

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