The Court frequently applies religious liberty law to protect people who are trying to make money; indeed, the whole purpose behind Title VII’s ban on religious discrimination in private employment is to protect the right of people to make money without facing burdens on their religion. The Court has repeatedly said that the corporate form itself is not a bar to religious exercise, as it unanimously found in last year’s case. And conscience clauses across the country (and even within the Affordable Care Act) recognize that profit-making businesses may have religious or moral objections to participating in abortion. These factors alone make a strong case that profit-makers can exercise religion.
In the employment discrimination context, we have no problem finding that businesses can hold and act upon subjective beliefs about race, sex, sexual orientation, and even religion—and if businesses are found so to act, state and federal laws often hold them liable for discrimination. There is no principled basis for saying that for-profit businesses can form and act upon subjective beliefs about all of these other matters (and about religion, when discriminating), but cannot form and act upon beliefs about religion in other ways.
To support the government’s claim that profit-making is incompatible with religious exercise, businesses would have to be deemed able to act on motivations about ethics, the environment, and other subjective beliefs, but unable to act on beliefs about religion (except when they are engaged in religious discrimination, at which point the law will recognize the business as capable of acting on beliefs about religion after all).
In 1972, an amendment to Title VII of the Civil Rights Act of 1964 created a loophole for employers: They would not be charged with religious discrimination if they could prove that accommodating the religious practices and beliefs of their employees would cause "undue hard-ship." An example of undue hardship would be if accommodating an employee's religious practices would require more than customary administrative costs. This might happen if an employer incurs overtime costs to replace an employee who will not work on Saturday. Undue hard-ship also may be claimed if accommodating an employee's religious practices denies another employee a job or shift preference guaranteed by the seniority system.
Discrimination Against Religion Essay, A Sample Essay On Lea
The statistics complied by the EEOC show an upward trend in the number of charges of religious discrimination. Records also show a corresponding increase in the monetary benefits awarded claimants.
Effects Of Religious Discrimination Essay, Race And Culture
Any work (book, address, essay, etc.) presented or published in 2012 or subsequently will be eligible for consideration for the 2019 Award. Nominations are invited from religious organizations, appropriate academic associations, religious leaders and scholars, presidents of universities or schools of religion, publishers and editors of scholarly journals. Self-nominations will not be accepted or considered. There will be no discrimination based on religious affiliation or belief or lack thereof. The Award Committee encourages submissions from a wide variety of intellectual and/or religious perspectives. Previous winners are not eligible for subsequent awards.
In 1992, there were 1,388 claims filed charging religious-based discrimination. In 1996, there were 1,564 claims, and in 2001, the number had climbed to 2,127. In many cases, the EEOC found no "reasonable cause" for the claim. Despite that, in 1992 $1.4 million were awarded to claimants, $1.8 million in 1996, and $14.1 million in 2001. (These figures do not include monetary benefits obtained through litigation.)
Causes of Intractable Conflicts | Beyond Intractability
Once a person or group files a charge of religious discrimination to the EEOC, the commission will determine the validity of the claim. If a case is proven, a monetary benefit is often awarded to the claimant.