Workplace Religious Freedom Act

What is this bill about?

Employment or workplace discrimination is discrimination in hiring, promotion, job assignment, termination and compensation. Currently, there are federal laws that protect you against employment discrimination when it involves:

• Unfair treatment because of your race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information.
• Harassment by managers, co-workers, or others in your workplace, because of your race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information.
• Denial of a reasonable workplace accommodation that you need because of your religious beliefs or disability.
• Retaliation because you complained about job discrimination, or assisted with a job discrimination investigation or lawsuit.

Many of these protections come from the Civil Rights Act of 1964. However, in 1977, the force behind the act was weakened when the Supreme Court decided that an employer could deny an employee’s request for a religious accommodation if the accommodation created anything more than a “de minimus,” or minor, burden on the employer.  If enacted, The Workplace Religious Freedom Act, will:

• Restore the strength of the original Civil Rights Act of 1964 by replacing the de minimis test with a higher standard. As a result, an employer will have to show that an employee’s accommodation creates a significant difficulty or expense for the employer as opposed to a minor burden.
• Recognize that there is widespread employment discrimination based on an employee’s religious clothing, grooming and scheduling concerning time off for religious reasons and requires employers to make reasonable accommodations in these areas.

Additionally, many employers today attempt to accommodate a Sikh employee by segregating him or her from customers or the general public. If an enacted, the Workplace Religious Freedom Act will:

• Not allow segregation as a form of accommodation.

Why is this bill important to the Sikh American Community?

As Congress states, “Eradicating religious discrimination in employment is essential to reach the goal of full employment opportunity in the United States.” This act explicitly includes protections for religious apparel, jewelry or another ornament, carrying an object, and adopting the presence or style of a person’s hair or beard, which are part of the observance of the religious faith. Thus, the bill protects Sikh Americans’ religious rights to keep a dastar and beard in the workplace.

What can you do?

The Workplace Religious Freedom Act was last introduced to the Senate in 2010. Unfortunately the bill did not have enough support to progress through the Senate. It has subsequently not been re-introduced.  Contact your Senator and Congressman and voice your support for this bill.