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Employers
Struggle with Requests for Religious Time Off
(AP) - Growing
diversity in the workplace has led to a spike in religious
discrimination filings with the federal government, according to the
U.S. Equal Employment Opportunity Commission. "Some employers are
having growing pains in adjusting their policies to comply with the
law," said EEOC spokesman David Grinberg. However, employers generally
do not have to pay workers for time off taken for religious reasons, so
workers should arrange to use vacation or unpaid personal days.
For companies with
more than 15 people, federal law requires employers to "reasonably
accommodate" an employee's religious beliefs. Employers are exempt only
if they can show the accommodation would cause an "undue hardship" on
business.
So long as religious needs are accommodated, the employer is not obligated to meet specific requests preferred by the worker.
Workers are not required to provide proof of their religious beliefs to employers, such as notes from a member of the clergy.
Last year, there were about 2,900 religious discrimination filings with
the EEOC, up 13 percent from 1992. There are likely many more cases
that go unreported for fear of retaliation or lack of awareness about
federal protections, Grinberg said.
Of last year's filings, 375 complaints regarded accommodations, which
would include matters such as taking time off for religious holidays or
wearing religious clothing in the workplace.
Only a small percentage of religious discrimination filings with the
EEOC result in the government suing the employer, but individuals may
decide to pursue litigation on their own.
Federal law caps damages in discrimination lawsuits depending on the
size of the business. Companies with 15 to 100 employees may be liable
for damages up to $50,000, while bigger operations with 500 or more
workers could be liable for as much as $300,000 in damages. Those
limits do not include backpay.
Potential employers are not allowed to question job applicants about
their religion or whether their religion would prevent them from
working certain days. However, employers may detail the days and hours
of the job.
While employees certainly have rights when it comes to religion, they
should nevertheless make it a point to let managers know about
religious commitments when they're hired or immediately upon becoming
observant, according to the Anti-Defamation League. Some states have
laws requiring employees to notify their employer a certain number of
days before each absence.
People who work for businesses with fewer than 15 people would have
"fewer legal recourses" when it comes to resolving religious
discrimination cases, said Steven Freeman, director of legal affairs
for the Anti Defamation League.
Protections for those working at small businesses vary depending on
state and local laws. In some regions, such as New York City, companies
with as few as four employees are required to provide religious
accommodations.
And some companies may go above and beyond what's required by law, said
Georgette Bennett, president of the Tanenbaum Center for Inter
Religious Understanding in New York City.
For example, companies may give employees a fixed number of days off
for the year, and let them take those days whenever they want, rather
than designating particular holidays.
Showing such sensitivity and respect for different religious beliefs
could help boost productivity and keep retention rates down, Bennett
said.
"And that goes straight to the bottom line," she said.
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