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Title VII requires employers to accommodate religious beliefs, practices, and observances if the beliefs are “sincerely held” and the reasonable accommodation poses no undue hardship on the employer.

Religion includes not only traditional, organized religions such as Christianity, Judaism, Islam, Hinduism, and Buddhism, but also religious beliefs that are new, uncommon, not part of a formal church or sect, only subscribed to by a small number of people, or that seem illogical or unreasonable to others.

Solely with respect to religion, Title VII also requires reasonable accommodation of employees’” cost or burden -- a substantially lower standard for employers to satisfy than the “undue hardship” defense under the Americans with Disabilities Act (ADA), which is defined instead as “significant difficulty or expense.” The prohibition on discrimination and the requirement of reasonable accommodation apply whether the religious views in question are mainstream or non-traditional, and even if not recognized by any organized religion.

These protections also extend to those who profess no religious beliefs.

In addition, there are some instances where Title VII religious discrimination cases implicate federal constitutional provisions.

in nature, as well as non-theistic “moral or ethical beliefs as to what is right and wrong which are sincerely held with the strength of traditional religious views.” Religious beliefs can include unique views held by a few or even one individual; however, mere personal preferences are not religious beliefs.Questions about religion in the workplace have increased as religious pluralism has increased.In a 2001 survey of human resource professionals conducted by the Society for Human Resource Management and the Tanenbaum Center for Interreligious Understanding, 36% of human resource professionals who responded reported an increase in the religious diversity of their employees in the preceding five years.However, these First Amendment issues are referenced throughout this document in order to illustrate how they often arise in Title VII cases.· NOTE TO EEOC INVESTIGATORS · Charges involving religion may give rise to claims for disparate treatment, harassment, denial of reasonable accommodation, and/or retaliation.SUBJECT: EEOC COMPLIANCE MANUAL PURPOSE: This transmittal covers the issuance of Section 12 of the new Compliance Manual on “Religious Discrimination.” The section provides guidance and instructions for investigating and analyzing charges alleging discrimination based on religion.