EEOC’s latest moves: New religious guidance, info on background checks
HR’s favorite government agency has been busy over the past week. Here’s the latest on new religious guidance and more background check drama.
The most useful guidance on religious bias yet?
Religious discrimination complaints have doubled since 1997.
So perhaps it’s no surprise that the EEOC has released new guidance on employers’ responsibilities when it comes to employees’ religious rights and responsibilities.
As you know, companies are required to make exceptions to their usual policies to permit applicants and employees to follow religiously-mandated dress and grooming practices (as long as it doesn’t cause an undue hardship).
The new guidance doesn’t change any laws or alter employer’s requirements.
What it does do, however, is answer 16 common questions from employers about staffers’ religious garb and grooming.
Perhaps most helpful are 21 real-world examples of when religious issues may crop up in the workplace and how firms should handle them.
Here are a few from the report that might stymie your managers:
Brand-new religious observance
Eli has been working at the Burger Hut for two years. While in the past he has always worn his hair short, he has recently let it grow longer. When his manager advises him that the company has a policy requiring male employees to wear their hair short, Eli explains that he is a newly practicing Nazirite and now adheres to religious beliefs that include not cutting his hair. Eli’s observance can be sincerely held even though it is recently adopted.
Religious observance that only occurs at certain times
Afizah is a Muslim woman who has been employed as a bank teller at the ABC Savings & Loan for six months. The bank has a dress code prohibiting tellers from wearing any head coverings. Although Afizah has not previously worn a religious headscarf to work at the bank, her personal religious practice has been to do so during Ramadan, the month of fasting that falls during the ninth month of the Islamic calendar. The fact that Afizah adheres to the practice only at certain times of the year does not mean that her belief is insincere.
Assigning an employee to a “back room” due to religious beliefs
Nasreen, a Muslim applicant for an airport ticket counter position, wears a headscarf, or hijab, pursuant to her religious beliefs. Although Nasreen is qualified, the manager fears that customers may think an airport employee who is identifiably Muslim is sympathetic to terrorist hijackers. The manager, therefore, offers her a position in the airline’s call center where she will only interact with customers by phone. This is religious segregation and violates Title VII.
For the EEOC, the 16 Q&As and accompanying one-page fact sheet are surprisingly well done and easy to read and understand, and the real-world scenarios could make for a fine refresher for your HR or managerial team.
Finally, to make sure your company is staying compliant, the EEOC advises firms to be open to all religious beliefs, provide proper training to managers and handle accommodation request on a case-by-case basis.
Another day, another background check story
Speaking of new guidance, the EEOC has teamed up with the Federal Trade Commission to address the current thorn in the EEOC’s side: employment background checks.
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