One of the huge benefits that the U.S. Constitution provides to U.S. citizens is the right to freedom of religion. Title VII of the Civil Rights Act provides added protection by barring religious discrimination in the workplace.  It is against the law for any employer to take adverse employment action due to an employee’s religious beliefs.  In addition, the Act mandates that employees have a right to a work environment free from blatant hostility toward religion. 

The burden of proof usually rests with the employee who makes a claim of religious discrimination, but an employer can eliminate most religious bias and protect himself against possible claims of discrimination by taking some of the following steps:

• Always document deficiencies in work performance in writing.  This makes it possible to prove that the adverse employment action is non-discriminatory.  
• In order to make it more difficult for an employee to claim that a dismissal was due to a religious bias, the same person who did the hiring should do the firing.  
• Always refrain from criticizing employees in religiously degrading terms.
• Avoid offensive comments about others who adhere to an employee’s religious beliefs, and strictly enforce discipline for employees who direct religiously offensive comments toward others.
• Be careful to treat all employees consistently—do not give favorable treatment to employees of any religious faith
• Be willing to adjust assignments and schedules so employees’ religious obligations can be accommodated (such as Sabbath and religious holiday observances).
• Be aware that you must permit employees to wear religious clothing and accessories that do not unduly interfere with safety or function in the workplace.

If your workplace lacks “religious diversity,” you may be particularly exposed to claims of religious bias.  Be certain that your hiring, promotion, and termination policies, and even your corporate “culture” accommodate persons of all faiths. 

Source:  Gold, Janet Schiller, J.D. “Avoiding Religious Bias:  The Path Isn’t Always Clear.” Member Interest Groups Small Business Update.)

The Equal Employment Opportunity Commission (EEOC) Guidelines "do not confine the definition of religious practices to atheistic concepts or to traditional religious beliefs. Under the Guidelines, a belief is religious not because a religious group professes that belief, but because the individual sincerely holds that belief with the strength of traditional religious views."