A Balancing Act corporations in all aspects of employment law for more than 40 years. Following 25 years as a name partner in his own firm, he is now Of Counsel to Ganfer & Shore, LLP, where he heads the firm's labor practice. He also has taught labor law for many years as an adjunct professor at the New York University School of Law and the University of Iowa School of Law. 360 Lexington Avenue New York, New York 10017 212.922.9250 Phone 212.922.9335 Fax rgosseen@ganfershore.com www.ganfershore.com of 1964 ("Title VII") discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's religion, imposes parallel duties on employers to reasonably accommodate their employees' religious practices, including proselytiza- tion, of religious harassment. While there is no "bright line" test to guide employers, over the years judges have fashioned a number of commonsense rules for balancing the competing interests of religious proselytizing and maintaining a workplace free of religious harassment, discussions of religious beliefs, or even proselytizing them, is permissible, meaning people of other religions), that it is unwelcome. criticizing them for "ungodly, shameful conduct" is not permissible if it vio- lates the employer's anti-harassment policy, even where an employee claims that her religious belief requires her to write the letters. workers by sending unsolicited e-mails to them. ing of a public prayer would violate Title VII unless its content denigrated other religious beliefs or attendance was mandatory;" Christian belief," where there is no "actual imposition on co-workers or disruption of the work routine" are permitted. threatens to impede the employer's provision of effective and efficient services is impermissible. integrate its own religious beliefs and practices into the workplace, and run its business according to religious precepts, business meetings or training sessions, absent a showing of undue hardship, Title VII requires the employer to ac- commodate employees who ask to be excused for religious reasons. than 150 years ago, that "[m]an is em- phatically a proselytizing creature," employers, maintenance of the balance be- tween accommodation of some employees' religious beliefs and practices, including stepped-up proselytizing, and their co- workers' right to be free of any perceived religious harassment, will continue to require a nuanced approach to achieving the correct balance, as well as a number of concrete actions. Here, the Equal Employment Op- portunity Commission's suggestions are eminently practical. Employers, it recom- mends, should: ruption posed by religious expression in the workplace, rather than merely speculating that disruption may result; accommodations that might be offered |