What is “Religion” in the Employment Law Context?
// Dallas, Texas, United States // Attorney Keith Clouse (Blog) // Keith Clouse
Most employers know that they must accommodate religious beliefs that are “sincerely held” and that can be accommodated without undue hardship. Many employers wonder, however, just what “religion” is for purposes of anti-discrimination protection. Dallas employment lawyer Keith Clouse explains.
For purposes of anti-discrimination laws, religion includes not only traditional, organized religions (such as Christianity and Buddhism), but also religious beliefs that are believed by only a handful of people. An employee’s belief can be religious even if the employee is not affiliated with a religious group or is affiliated with a religious group that does not endorse the employee’s personal belief.
In most situations, an employer should not question whether an employee’s belief is sincere, but, if the employer has a bona fide reason to doubt why an accommodation request was made, the employer may make a limited inquiry into the facts and circumstances of the employee’s belief. Factors to be considered include: whether the employee has behaved inconsistently with the professed belief; whether the accommodation sought provides a benefit that would likely be sought for secular reasons; or whether the request’s timing is suspect (for example, if an employee first requested the same benefit for secular reasons).
This article is presented by the Dallas employment lawyers at Clouse Dunn LLP. To speak to a Dallas employment lawyer about religious discrimination, send an email to debra@clousedunn.com or call (214) 239-2705.
Contact Keith Clouse
KEITH A. CLOUSE
Clouse Dunn LLP
214.220.2722 214.220.3833 ( fax) keith@clousedunn.com
