*The U.S. Equal Employment Opportunity Commission*

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# QUESTIONS AND ANSWERS ABOUT EMPLOYER          RESPONSIBILITIES CONCERNING THE EMPLOYMENT OF             MUSLIMS, ARABS, SOUTH ASIANS, AND SIKHS

Since the attacks of September 11, 2001, the Equal Employment Opportunity Commission(EEOC) and state and local fair employment practices agencies have recorded a significantincrease in the number of charges alleging discrimination based on religion and/or national origin. Many of the charges have been filed by individuals who are or are perceived to be Muslim, Arab,South Asian, or Sikh.  These charges most commonly allege harassment and discharge.

While employers have an ongoing responsibility to address workplace discrimination,reaction to the events of September 11, 2001 may demand increased efforts to preventdiscrimination.  This fact sheet answers questions about what steps an employer can take to meetthese responsibilities.  The Commission has also prepared a companion fact sheet that answersquestions about employee rights.  For additional information, visit the EEOC's website athttp://www.eeoc.gov.

## INTRODUCTION

Title VII of the Civil Rights Act of 1964 prohibits workplace discrimination based onreligion, ethnicity, country of origin, race and color.  Such discrimination is prohibited in anyaspect of employment, including recruitment, hiring, promotion, benefits, training, job duties, andtermination.  Workplace harassment is also prohibited by Title VII.  In addition, an employer mustprovide a reasonable accommodation for religious practices unless doing so would result in unduehardship.  The law prohibits retaliation against an individual because s/he has engaged inprotected activity, which includes filing a charge, testifying, assisting, or participating in anymanner in an investigation, or opposing a discriminatory practice.  Employers with 15 or moreemployees are required to comply with Title VII.  Title VII also prohibits discrimination by mostunions and employment agencies.

## HIRING AND OTHER EMPLOYMENT DECISIONS

**Narinder, a South Asian man who wears a Sikh turban, applies for a position as a cashierat XYZ Discount Goods.  XYZ fears Narinder's religious attire will make customersuncomfortable.  What should XYZ do?**

XYZ should not deny Narinder the job due to notions of customer preferences aboutreligious attire.  That would be unlawful.  It would be the same as refusing to hire Narinderbecause he is a Sikh.

XYZ Discount Goods should also consider proactive measures for preventingdiscrimination in hiring and other employment decisions.  XYZ could remind its managers andemployees that discrimination based on religion or national origin is not tolerated by the companyin any aspect of employment, including hiring.  XYZ could also adopt objective standards forselecting new employees.  It is important to hire people based on their qualifications rather thanon perceptions about their religion, race or national origin.

## HARASSMENT

**Muhammad, who is Arab American, works for XYZ Motors, a large used car business. Muhammad meets with his manager and complains that Bill, one of his coworkers,regularly calls him names like "camel jockey," "the local terrorist," and "the ayatollah,"and has intentionally embarrassed him in front of customers by claiming that he isincompetent.  How should the supervisor respond?**

Managers and supervisors who learn about objectionable workplace conduct based onreligion or national origin are responsible for taking steps to correct the conduct by anyone undertheir control.  Muhammad's manager should relay Muhammad's complaint to the appropriatemanager if he does not supervise Bill.  If XYZ Motors then determines that Bill has harassedMuhammad, it should take disciplinary action against Bill that is significant enough to ensure thatthe harassment does not continue.

Workplace harassment   and its costs   are often preventable.  Clear and effective policiesprohibiting ethnic and religious slurs, and related offensive conduct, are needed.  Confidentialcomplaint mechanisms for promptly reporting harassment are critical, and these policies should bewritten to encourage victims and witnesses to come forward.  When harassment is reported, thefocus should be on action to end the harassment and correct its effects on the complainingemployee.

## RELIGIOUS ACCOMMODATION

**Three of the 10 Muslim employees in XYZ's 30-person template design division approachtheir supervisor and ask that they be allowed to use a conference room in an adjacentbuilding for prayer.  Until making the request, those employees prayed at their workstations.  What should XYZ do?**

XYZ should work closely with the employees to find an appropriate accommodation thatmeets their religious needs without causing an undue hardship for XYZ.  Whether a reasonableaccommodation would impose undue hardship and therefore not be required depends on theparticulars of the business and the requested accommodation.

When the room is needed for business purposes, XYZ can deny its use for personalreligious purposes.  However, allowing the employees to use the conference room for prayerslikely would not impose an undue hardship on XYZ in many other circumstances.

Similarly, prayer often can be performed during breaks, so that providing sufficient timeduring work hours for prayer would not result in an undue hardship.  If going to another buildingfor prayer takes longer than the allotted break periods, the employees still can be accommodatedif the nature of the template design division's work makes flexible scheduling feasible.  XYZ canrequire employees to make up any work time missed for religious observance.

In evaluating undue hardship, XYZ should consider only whether it can accommodate thethree employees who made the request.  If XYZ can accommodate three employees, it should doso.  Because individual religious practices vary among members of the same religion, XYZ shouldnot deny the requested accommodation based on speculation that the other Muslim employeesmay seek the same accommodation.  If other employees subsequently request the sameaccommodation and granting it to all of the requesters would cause undue hardship, XYZ canmake an appropriate adjustment at that time.  For example, if accommodating five employeeswould not cause an undue hardship but accommodating six would impose such hardship, the sixthrequest could be denied.

Like employees of other religions, Muslim employees may need accommodations such astime off for religious holidays or exceptions to dress and grooming codes.

## TEMPORARY ASSIGNMENTS

**Susan is an experienced clerical worker who wears a hijab (head scarf) in conformancewith her Muslim beliefs.  XYZ Temps places Susan in a long-term assignment with one ofits clients.  The client contacts XYZ and requests that it notify Susan that she must removeher hijab while working at the front desk, or that XYZ assign another person to Susan'sposition.  According to the client, Susan's religious attire violates its dress code andpresents the "wrong image."  Should XYZ comply with its client's request?**

XYZ Temps may not comply with this client request without violating Title VII.  Theclient would also violate Title VII if it made Susan remove her hijab or changed her duties to keepher out of public view.  Therefore, XYZ should strongly advise against this course of action. Notions about customer preference   real or perceived   do not establish undue hardship, so theclient should make an exception to its dress code to let Susan wear her hijab during front deskduty as a religious accommodation.  If the client does not withdraw the request, XYZ shouldplace Susan in another assignment at the same rate of pay and decline to assign another worker tothe client.

## BACKGROUND INVESTIGATIONS

**Anwar, who was born in Egypt, applies for a position as a security guard with XYZ Corp.,which contracts to provide security services at government office buildings.  Can XYZrequire Muhammad to undergo a background investigation before he is hired?**

XYZ may require Anwar to undergo the same pre-employment security checks that applyto other applicants for the same position.  As with its other employment practices, XYZ may notperform background investigations or other screening procedures in a discriminatory manner.

In addition, XYZ may require a security clearance pursuant to a federal statute orExecutive Order.  Security clearance determinations for positions subject to national securityrequirements under a federal statute or an Executive Order are not subject to review under theequal employment opportunity statutes.

## WHERE TO GO FOR GUIDANCE

The EEOC is available to provide you with useful information on how to addressworkplace problems relating to discrimination based on religion, national origin, race or color. We conduct various types of training, and we can help you find a format that is right for you.

Small businesses are faced with unique challenges in promoting effective workplacepolicies that prevent discrimination.  Our Small Business Liaisons are located in each of ourDistrict, Local and Area offices to assist you in compliance with EEO laws. 

You should feel free to contact EEOC with questions about effective workplace policiesthat can help prevent discrimination.  We are also available to answer more specialized questions. To be connected to the appropriate office, please call 1-800-669-4000, or send inquiries to: 

Equal Employment Opportunity Commission     Office of Legal Counsel     1801 L Street, NW, Suite 6000     Washington, D.C. 20507

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*This page was last modified on July 16, 2002.*

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