Title VII

Title VII is the federal statute most often applied to religious issues in the workplace. Title VII applies to most employees, whether public or private and is used as the basis for rulings on discrimination claims.

An Employment practice is considered to be unlawful under the following conditions:

1. If an employer fails or refuses to hire or discharges any individual, or otherwise discriminates against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin;
2. If the employer limits, segregates, or classifies his employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his employment status, because of such individual’s race, color, sex, or national origin.

So, in other words, religion is covered under the provisions listed above. An employer cannot refuse to hire and cannot fire an individual or tamper with his compensation or benefits because of the individual’s chosen religion.

Religion is defined by Title VII to include all aspects of religious observance, as well as belief. Both employees and employees are covered under Title VII.

Different states have different guidelines for employers. Title VII defines “employer” as a person engaged in an industry affecting commerce who has fifteen or more employees for each working day in each of twenty or more calendar weeks. However, the state of California is more restrictive than Title VII. So employers should check to see if the law in their state differs from Title VII.

In some cases, it is not clear whether a worker is an “employee” covered by Title VII, as opposed to an independent contractor, who is not. In such cases, Title VII should be interpreted broadly to include workers not specifically excluded by the statute (such as elected officials).