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Legal Rights as a Public-School Employee
Legal Rights as a Public-School Employee
Federal employment discrimination law, Title VII of the Civil Rights Act of 1964 (“Title VII”), prohibits employers with 15 or more employees from discriminating on the basis of religion. [49] The law also provides that employers may not create a hostile work environment on the basis of religion, which means that employers cannot tolerate severe or pervasive harassment on the basis of religion.[50] Some states also provide similar protections applicable to employers with fewer than 15 employees. If you believe that you have experienced religious discrimination or harassment, we recommend that you reach out to an attorney to discuss filing a complaint with the Equal Employment Opportunity Commission or the appropriate state agency. In this guide, we want to highlight another important protection for religious teachers and employees in the school environment— the right to request a religious accommodation . Title VII requires that employers grant reasonable religious accommodation requests unless doing so would cause an undue hardship on the business.[51] Undue hardship is currently defined as more than a de minimis cost to employers.[52] You have the right to ask for a religious accommodation when you may be called to do something on the job that violates your sincerely-held religious beliefs, including teaching curriculum or promoting topics that violate your faith. Traditionally, religious accommodation requests have often been used for religious employees who cannot work on one day of the week in order to observe Sabbath or Shabbat or who require a modification to a grooming policy in order to wear a yarmulke, cross necklace, or hijab.[53] Some employers mistakenly believe that religious accommodations only include these kinds of requests. However, Title VII defines “religion” broadly to include all aspects of religious observance and belief.[54] Religious accommodations have been provided in a variety of circumstances. For instance, school districts may accommodate a teacher who needs to attend a religious event during the school day.[55]
Legal Rights as a Public-School Employee
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