July 15, 2002
Diverse group backs bill on workplace freedom
___By Robert Marus
___ABP Washington Bureau
___WASHINGON (ABP)--A diverse coalition of religious leaders and two high-profile senators from opposite ends of the political spectrum are united behind legislation that would give religious freedom a boost in America's workplaces.
___U.S. Sens. John Kerry, D-Mass., and Rick Santorum, R-Pa., are co-sponsors of the Workplace Religious Freedom Act.
___"In an increasingly diverse society, we must ensure--through clear rules of public policy--that religious practices be reasonably accommodated," Santorum said. "This legislation ensures these freedoms in the workplace through a sensible, balanced approach."
___The bill would better define what Congress originally intended in Title VII of the Civil Rights Act of 1964, which required employers to accommodate the religious practices of their employees unless doing so imposed an unreasonable burden on the employer. A 1977 Supreme Court ruling (TWA vs. Hardison) is perceived to have weakened Congress' intent by saying anything more than a minimal imposition of expense on an employer in order to accommodate an employee's religious practice constitutes an undue hardship.
___Critics since have argued this interpretation of the law placed too much burden on employees to prove their religious freedom was being violated unreasonably while not placing enough of a burden on employers. Under current law, for instance, if an employee asked well in advance to have Saturdays off to observe a religious Sabbath and found a replacement worker, an employer could insist that even the extra effort required for managers to re-shuffle schedules would amount to more than a minimal hardship on the business.
___The Kerry-Santorum bill would more clearly define the lengths to which a business must go to accommodate an employee's religious freedom. Under current law, workers who face on-the-job religious discrimination often have to endure lengthy court battles against well-funded corporations to prove their case.
___Pointing out the fact that America is profoundly religious due to its tradition of religious tolerance, Kerry said, "With all we know and love about our country, it should be clear in our laws that no worker should ever have to choose between keeping a job and keeping faith with their cherished religious beliefs."
___A news conference at which the bill was announced featured victims of workplace religious discrimination. Prabhjot Kohli, an adherent of the Sikh faith, explained how he was turned down for a management position with a Baltimore-based Domino's Pizza franchise in 1987 because he refused to shave his beard.
___Adult Sikh men are required by their religion to wear full beards and distinctive turbans. Domino's had a policy against any male employee--including those who did not participate in food preparation--wearing facial hair. Domino's would not relax its policy to accommodate Kohli's religious convictions.
___Kohli filed a complaint with the Maryland Commission on Human Relations in 1987. The case was resolved in 1999--after $35,000 in legal bills that Kohli said he paid out of his own pocket. Domino's agreed to modify its policy to allow for beards when required by their employee's bona fide religious tenets.
___An unusually diverse coalition of liberal, conservative and moderate religious groups supports the bill, including the Baptist Joint Committee on Public Affairs, the Southern Baptist Convention's Ethics & Religious Liberty Commission, the National Council of Churches, the Family Research Council, the Anti-Defamation League and the Islamic Supreme Council of America.
___The bill, S. 2572, currently has been referred to the Senate Health, Education, Labor and Pensions Committee, which is chaired by Kerry's home-state colleague, Sen. Ted Kennedy, D-Mass.
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