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Author: Dr Jogchum Vrielink
Publisher: Ashgate Publishing, Ltd.
ISBN: 140946170X
Category : Law
Languages : en
Pages : 673
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Book Description
Issues of religious diversity in the workplace have become very topical and have been raised before domestic courts and the European Court of Human Rights. Examining the controversial and constantly evolving position of religion in the workplace, this collection brings together chapters by legal and social science scholars and provides a wealth of information on legal responses across Europe, Turkey and the United States to conflicts between professional and religious obligations involving employees and employers. The contributors examine how case law from the European Court of Human Rights, domestic experiences and comparative analyses can indicate trends and reveal established and innovative approaches. This multi-perspective volume will be relevant for legal practitioners, researchers, academics and policy-makers interested in human rights law, discrimination law, labour law and the intersection of law and religion.
Author: Dr Jogchum Vrielink
Publisher: Ashgate Publishing, Ltd.
ISBN: 140946170X
Category : Law
Languages : en
Pages : 673
Get Book Here
Book Description
Issues of religious diversity in the workplace have become very topical and have been raised before domestic courts and the European Court of Human Rights. Examining the controversial and constantly evolving position of religion in the workplace, this collection brings together chapters by legal and social science scholars and provides a wealth of information on legal responses across Europe, Turkey and the United States to conflicts between professional and religious obligations involving employees and employers. The contributors examine how case law from the European Court of Human Rights, domestic experiences and comparative analyses can indicate trends and reveal established and innovative approaches. This multi-perspective volume will be relevant for legal practitioners, researchers, academics and policy-makers interested in human rights law, discrimination law, labour law and the intersection of law and religion.
Author: Michael Wolf
Publisher: American Bar Association
ISBN: 9781570735974
Category : Business & Economics
Languages : en
Pages : 306
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Book Description
Author: Kelsey R. Ciagala
Publisher:
ISBN:
Category : Christians
Languages : en
Pages : 134
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Book Description
The number of religious discrimination cases has steadily increased over the years (EEOC, 2018a). One under-studied aspect of religious discrimination is religious accommodations. To successfully win a religious accommodation case, employees must prove that they requested an accommodation, have a "bona fide" belief, and have suffered as a direct result of a lack of accommodation (Kelly, 2008). To protect themselves, employers must prove that they provided an alternative reasonable accommodation and/or that the desired accommodation would cause the company an "undue" hardship (Kelly, 2008). These aspects of the law are subjective. The purpose of this study was to understand how people perceive religious accommodations in the workplace. Christian participants were asked to rate the fairness, reasonableness, and ease of implementing various religious accommodations. Results indicated that the Jewish accommodation was judged as the most reasonable. Although the Jewish and Muslim accommodation were judged as similarly easy to implement, the Muslim accommodation was judged as less reasonable. Individuals high in religious fundamentalism and general Christian belief perceived their in-group more favorably. Additionally, individuals higher in prejudice against Muslims perceived the Muslim accommodation less favorably
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
As long as the employer has reasonably accommodated an employee's religious needs, the employer need not consider the employee's alternative suggested accommodations even if the employee's preferred accommodation would not cause undue hardship to the employer.4 An employer should not schedule tests or training in a manner that totally precludes the observance of Sabbath or religious holidays. [...] Supreme Court has ruled that this means that an employer need not incur more than "de minimis" (minimal) costs in order to accommodate an employee's religious practices.5 According to the EEOC, "[f]actors to be considered include 'the identifiable cost in relation to the size and operating costs of the employer, and the number of individuals who will in fact need a particular accommodation.'" The. [...] Employees do not have to justify or prove anything about their religious belief to the employer (for example, the employee need not provide a note from clergy): an employer is required to accommodate sincerely held religious beliefs, subject to the undue hardship rule. [...] Therefore, religious beliefs need not be acceptable, logical, consistent, or comprehensible to others to be entitled to protection and courts must not presume to determine the place of a particular belief in a religion or the plausibility of a religious claim. [...] In short, the fact that no religious group espouses such beliefs or the fact that the religious group to which the individual professes to belong may not accept such belief will not determine whether the belief is a religious belief.
Author: Marie-Claire Foblets
Publisher: Routledge
ISBN: 1317186362
Category : Law
Languages : en
Pages : 417
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Book Description
Issues of religious diversity in the workplace have become very topical and have been raised before domestic courts and the European Court of Human Rights. Examining the controversial and constantly evolving position of religion in the workplace, this collection brings together chapters by legal and social science scholars and provides a wealth of information on legal responses across Europe, Turkey and the United States to conflicts between professional and religious obligations involving employees and employers. The contributors examine how case law from the European Court of Human Rights, domestic experiences and comparative analyses can indicate trends and reveal established and innovative approaches. This multi-perspective volume will be relevant for legal practitioners, researchers, academics and policy-makers interested in human rights law, discrimination law, labour law and the intersection of law and religion.
Author: Stefan Gröschl
Publisher: Routledge
ISBN: 1317101472
Category : Business & Economics
Languages : en
Pages : 393
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Book Description
Many observers propose the exclusion of all religious related aspects from organizational life, others promote a more tolerant approach of certain practices, symbols and ceremonies, and few commentators highlight the values, diverse religious beliefs and experiences that employees could bring to the organization. Arguments, conclusions and recommendations are often contradictory and inconclusive due to the complexity and dividing nature of religion diversity. In Managing Religious Diversity in the Workplace the editors present a selection of essays, conceptual papers, empirical studies and case studies about how religious diversity and spirituality are managed. The book explores how firms address organizational and managerial challenges deriving from the religion diverse backgrounds of their employees. The different contributions discuss policies and practices, how implicit and unmarked religious norms influence the ’managing’ of religious issues in organizations, and what the benefits of a religion diverse workforce are. It also includes contributions which address aspects of spirituality in the workplace, and the role of legal frameworks and their influence on organizations and their policies and practices regarding religion diversity. The perspectives and contributions include a wide range of disciplines by authors from leading academic institutions around the world.
Author: United States. Equal Employment Opportunity Commission
Publisher:
ISBN:
Category : Affirmative action programs
Languages : en
Pages : 368
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Book Description
Author: Jawad Syed
Publisher: Cambridge University Press
ISBN: 9781107136038
Category : Business & Economics
Languages : en
Pages : 0
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Book Description
Employees bring their beliefs and religious values to work, and this can be a source of either positive performance or negative conflict. Social conflicts around religion impact more than societies and communities. They also impact organizations. 'Anti-religion' sentiments tend to be based on the perception that religion can be neatly separated from the 'more acceptable/palatable' spirituality, but this ignores the fact that - for most people - the two are intimately intertwined and inseparable. As religious identity is salient for a majority of the world's population, it is thus an important aspect of organizations - particularly those with a large and diverse body of employees. This handbook provides a timely and necessary analysis of religious diversity in organizations, investigating the role of national context, the intersections of religion with ethnicity and gender, and approaches to diversity management.
Author: Dallan Flake
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Book Description
For decades, litigants and legislators alike have attempted unsuccessfully to overturn Trans World Airlines v. Hardison, the 1977 Supreme Court decision holding an employer does not have to provide a religious accommodation to an employee if the accommodation would impose more than de minimis cost on the employer. This effectively gutted Title VII's religious accommodation requirement by enabling employers to avoid accommodating employees for almost any reason at all. This Article does not advocate for a change in the law, as others have, but instead proposes a new way forward. It makes the case that employers should voluntarily provide religious accommodations beyond what the law requires. This is because we now live in the age of whole-self employment, wherein employees are no longer content to check their personal lives at the workplace door, but instead expect to be able to bring their entire selves--including their religious beliefs and practices--with them to work. Accommodation facilitates whole-self employment by allowing religious employees to express a fundamental dimension of themselves in the workplace. Empirical research overwhelmingly confirms employees who are allowed to express their authentic selves at work are happier, harder working, and more loyal to their employers. Research also shows that a content workforce is a productive workforce. Thus, employers should approach religious accommodations not as a burden but as an investment--an opportunity to allow employees to display a part of themselves that will make them better workers. While employers would incur upfront costs in voluntarily accommodating employees, the potential return on this investment justifies its expense.
Author: Debbie Kaminer
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
In June 2015, the United State Supreme Court decided EEOC v. Abercrombie & Fitch, its first case involving an employee's right to religious accommodation in the workplace since 1986. While Abercrombie is the latest in a series of decisions by the Roberts Court that supports religious rights, it is noteworthy since it is the first time that the Supreme Court ruled in favor of a religious employee in a §701(j) case. Under §701(j) of Title VII of the Civil Rights Act of 1964, an employer must reasonably accommodate a religious employee in the workplace if accommodation can be made without undue hardship. This article examines whether there are any unifying principles that can best explain the legal system's treatment of religion in the workplace prior to the Court's decision in Abercrombie. While there has been scholarship addressing specific aspects of §701(j), this is the first article to provide a comprehensive analysis of the unifying principles that the federal courts have relied on in interpreting § 701(j). The author concludes that there are three such unifying principles. First, despite the fact that §701(j) specifically mandates differential treatment of religious employees or reasonable accommodation absent undue hardship courts tend to read §701(j) as requiring little more than formal equality. Second, courts tend to view religion as mutable and therefore not entitled to protection. Third, there is a lack of consensus in American society regarding the importance of religion and many courts express skepticism about the importance or validity of religion and are hesitant to mandate accommodation of religious employees. The result of the federal courts' application of these three principles has been both minimal and inconsistent protection of religious employees in the workplace. The article concludes with a discussion of how the Supreme Court's decision in Abercrombie is likely to impact future §701(j) cases.