Religious discrimination complaints at
the Equal Employment Opportunity Commission (EEOC) are at an all-time
high. By attempting to avoid religious issues, HR may be inadvertently
allowing religious discrimination in the workplace to flourish.
There are two things that people are taught not
to talk about -- politics and religion. Speaking last year at the
Society for Human Resource Management (SHRM) Workplace Diversity
Conference, Georgette Bennett, president of the Tanenbaum Center
for Interreligious Understanding, discussed the taboo topic of religious
discrimination in the workplace.
Bennett says, "The general corporate approach
has been to check [religion] at the door, however one does so at
one's own peril." In their struggle to keep the workplace free of
religious bias, many corporations have gone the extra step of trying
to keep the workplace free of religious beliefs. "However, religion
is not really checked at the door," claims Bennett, "because Christianity
is embedded in our culture."
Noting that the nation operates under a Christian
calendar, Bennett continues, "and even if you can check religion
at the door, you can't check stereotypes at the door."
A rise in religious unrest
Results from the EEOC back up Bennett's assertion.
Over the past 10 years, religious complaints at the agency have
increased by 30 percent, out-paced only by sexual harassment and
disability claims. However, statistics may only represent the tip
of the iceberg.
The Tanenbaum Center notes that many members
of minority religions possess different cultural norms than those
of the dominant U.S. culture, including a reluctance to question
authority. Bennett explains, "We see authority as something to be
challenged. However they often do not challenge authority and prefer
to keep a low profile." As a result, when confronted with religious
discrimination, members of minority religions are not likely to
make a formal complaint.
A recent study by the Tanenbaum Center informs
Bennett's view. The study found that only 23 percent of people who
experienced or knew of religious discrimination reported it. Furthermore,
the study found that religious discrimination is typically not overt
and often occurs by accident or due to an innocent oversight. HR's
attempt to avoid religion at all costs, though good-intentioned,
has inevitably allowed religious misunderstandings and hurt feelings
to persist and fester beneath the company's radar screen.
"Religious discrimination typically happens
by accident because people are ignorant and don't understand," says
Bennett, "Increased understanding only happens through contact and
communication."
The nine deadly sins
To assist HR in weeding out religious discrimination,
the Tanenbaum Center has outlined troublesome behaviors and attitudes
that prevail in the American workplace. Almost two-thirds of respondents
to the center's survey reported one or more of the following nine
behavioral indicators of religious bias:
- Employees are told they are not allowed time off from work
to observe their particular religious holidays;
- Employees are afraid to ask for time off from work to observe
their particular religious holidays;
- Employees are told that they are not allowed any breaks for
prayer time;
- Employees' personal property has been destroyed or damaged
because of their religious beliefs or faith;
- Employees are told that they can't wear any type of beard or
facial hair even those worn for religious reasons;
- Employees are told that they can't wear any form of head covering
even though it may be part of that person's religion;
- Employees who wear clothing that express their particular faith
do not get promotions or advance as quickly as other employees;
- Employees are dismissed for expressing their faith through
the way they dress; and
- Employees who wear clothing that express their particular faith
are made fun of or talked about by other employees.
Many of the aforementioned practices have resulted
in recent EEOC suits. For example,
- During September the EEOC filed a lawsuit in U.S. District
Court in Indianapolis on behalf of a Pentecostal employee who
was not allowed to wear a dress or skirt to work. The company
insists that wearing a skirt while working on the assembly line
poses a safety risk, while the employee points to her religious
beliefs that tell her to "not wear anything pertaining to a man."
- During September the EEOC filed a lawsuit against Greyhound
Lines, Inc. charging the company with unlawful religious discrimination
for failing to hire an applicant bus driver, allegedly due to
the fact that he wore his hair in dreadlocks. The lawsuit claims
that during the interview process, the applicant, who wears dreadlocks
in accordance with his Rastafarian religion, was asked if it would
be a problem for him to cut his dreads.
- During August the Tenth Circuit ruled in favor of the U.S. Postal
Service. The court ruled that accommodating a Church of God letter
carrier who could not work on Saturdays in order to observe the
Sabbath would have violated a collective bargaining agreement
and therefore caused an undue hardship on the company.
- During July, Muslim women were fired from a Hertz outlet in
Atlanta for wearing ankle-length dresses in accordance with their
religious beliefs. After being pressured by the Council on American-Islamic
Relations, Hertz offered to reinstate the workers.
HR's role
It is not necessary for HR professionals to become
religious experts or theologians to avoid the aforementioned problems.
According to Bennett, appeasing employees and staying on the right
side of the law involves focusing on the following three basic areas:
Create a mechanism whereby people can step outside
of their established comfort zones and talk about these issues.
"In my experience I have found a lot of pent up feelings and employees
who wish they could just talk about it," she says. "There is a feeling
of hopelessness because they have no tools with which to do so."
Create a safe space where people can deal with
religious problems. Similar to the practice conducted in regards
to racial diversity, companies may want to allow for the creation
of religious-based affinity groups amongst employees.
Focus on the small stuff. Bennett asserts that
this is key because it speaks to the company's sensitivity.
Dealing with practical aspects, such as dress,
customs, time allowed for bereavement, and food to be served at
company functions can go a long way in conveying an inclusive attitude
of concern for religious diversity.
Furthermore, it is important for companies to
have clear policies that are written and promulgated. The Tanenbaum
study clearly shows the perception of discrimination decreases with
the existence of written policies that are publicized.
Pushing for a religious policy entails making
a business case that focuses on areas of retention and productivity.
The Tanenbaum study shows that, though members of minority religions
may not file formal complaints, 45 percent of respondents who experienced
bias considered quitting, and 50 percent said it adversely affected
their productivity.
There are more than 1,500 different religious
denominations in the U.S. and approximately 90 percent of the national
population professes a belief in God. With immigration steadily
increasing, religious diversity in the workplace is sure to become
an even more important issue in the coming years. Rather than running
from religion, HR must find ways to welcome various religious beliefs
into the workplace and to weave them into a more inclusive and candid
corporate culture.
For information on the Tanenbaum Center's
survey of religious discrimination in the workplace, visit www.tanenbaum.org.
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