Yet some other groups in society are outraged when Christian employers, such as schools and welfare agencies, seek to only employ Christians for all or most of their jobs. That has led to a proposal torestrict the right of Christian employers to choose who they employ.
Can my employer refuse to hire me because of my Religion?
Indeed, under Title VII, employers may not refuse to hire an applicant simply because he does not share the employer’s religious beliefs, and conversely may not select one applicant over another based on a preference for employees of a particular religion.
What is the religious organization exception to the employment law?
But most importantly, the religious organization exception is limited to religion-based discrimination. The religious organization cannot discriminate based on protected classes such as race, sex, or national origin. What is the Difference Between the “Right to Discriminate” and a Bona Fide Occupational Qualification Defense?
Can a person be passed up for a job because of religion?
Still, the EEOC alleges that the applicant was passed over because of his religion (or lack thereof). When can religion be used as a hiring consideration? “Religious organizations” may choose to hire applicants of one particular religion over another.
Can a school refuse to hire a non-Catholic teacher?
There are times where it may overlap, for example a Catholic school can refuse to hire a non-Catholic teacher because it’s a Bona Fide Occupational Qualification (able to teach Catholicism) and the school retains the right to discriminate. How Can an Attorney Help?
The Legal View
First, taking a blanket stance that you’ll only hire Christians for any position throughout your organization could be pushing the limit on what the law allows. Scripture is clear on our role as believers when it comes to the laws of the land:
Our View
We’re simply looking for great people to join us, regardless of their faith. If they pass our rigorous selection process, and they’re willing to serve others and commit to our core values of excellence, growth, generosity, and unity … they’re welcomed with open arms.
Your View?
We realize that our view is just that – our view. We would love to hear from you about the view your company has on this topic. Feel free to contact our team directly, or reply to this post.
Is there any room for religion in the workplace?
The law recognizes that private employers can choose to express their own religious beliefs or practices in the workplace. Heck, an employer may hold religious services or programs or includes prayer in business meetings.
What does the EEOC claim about the interview?
The EEOC further claims that, throughout the interview, the employer expressed overt agitation and disapproval at the applicant’s responses to its religious line of questioning.
What is the purpose of Title VII?
However, Title VII requires that the employer accommodate an employee who asks to be excused for religious reasons, absent a showing of undue hardship. Similarly, an employer is required to excuse an employee from compulsory personal or professional development training that conflicts with the employee’s sincerely-held religious beliefs or practices, unless doing so would pose an undue hardship.
Why did Voss Electric refuse to hire a qualified applicant?
Equal Employment Opportunity Commission alleges that an Oklahoma lighting company refused to hire a qualified applicant because he wasn’t Christian enough.
Can an employer refuse to hire an applicant based on his religion?
Indeed, under Title VII, employers may not refuse to hire an applicant simply because he does not share the employer’s religious beliefs, and conversely may not select one applicant over another based on a preference for employees of a particular religion.
What is the Difference Between the “Right to Discriminate” and a Bona Fide Occupational Qualification Defense?
A “BFOQ” stands for Bona Fide Occupational Qualification, and differs from the right to discriminate in that it allows an employer to discriminate based on religion, sex, or national origin if the position absolutely requires one of these protected classes. For instance, a women’s clothing designer may only hire female models because hiring male models would not make sense for the business.
How Can an Attorney Help?
An experienced lawyer will review your case, help you decide your best course of action, and represent your best interests in court.
What is the difference between BFOQ and BFOQ?
An important distinction between the two, is that BFOQ is more narrowly defined as opposed to a religious organization’s right to discriminate. The former relates more to the job itself, whereas the latter focuses on the nature of the employer.
Why are religious organizations allowed to discriminate on the basis of their religion?
The reason is because they have the right to free exercise of religion. It also has a basis in common sense.
Why do Catholic schools hire nuns?
The reason is because they have the right to free exercise of religion. It also has a basis in common sense. For instance, a Catholic school would want to hire Catholic nuns rather than atheists, and the same goes with priests, etc. This exception encompasses all employees of a religious organization, and not just those in the top tier.
What factors take into consideration that show an institution’s primary purpose is a religious one?
But the factors taken into consideration that show an institution’s primary purpose is a religious one, are: Articles of incorporation that state a religious purpose; Operating day to day with religion as a primary focus; and. If it is a for-profit organization.
Can a Catholic school refuse to hire a non-Catholic teacher?
There are times where it may overlap, for example a Catholic school can refuse to hire a non-Catholic teacher because it’s a Bona Fide Occupational Qualification (able to teach Catholicism) and the school retains the right to discriminate.