Daisy, an employee of BSI, approaches Emily, VP of Human Resources, requesting that she be allowed to conduct a Bible study group thirty minutes per day after lunch, that she be permitted to advertise these meetings widely so that all interested

Question

employees could attend, and that she be permitted to include a religious tract in all new-hire orientation packets, along with an invitation to join the religious group meetings. Must the employer support her efforts under either Title VII or the Constitution? Could the employer be liable if it did?

Answer 1

Title VII prohibits discrimination on the basis of religion and requires an accommodation if it does not result in an undue hardship. The typical accommodation may require an adjustment of hours worked to allow for participation in religious observations. The employer is not required to facilitate religious practices. Assuming that BSI is a private employer, the Constitution's mandate to respect religious freedom is inapplicable other than to serve as an articulation of public policy's respect for religious freedom. In fact, if the company's support for Daisy's initiatives could form the basis of a harassment claim in some jurisdictions, particularly if employees felt pressured to attend.