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However, these First Amendment issues are referenced throughout this document in order to illustrate how they often arise in Title VII cases.

· NOTE TO EEOC INVESTIGATORS · Charges involving religion may give rise to claims for disparate treatment, harassment, denial of reasonable accommodation, and/or retaliation.

EXAMPLE 3 Types of Religious Practice or Observance A Catholic employee requests a schedule change so that he can attend church services on Good Friday.

A Muslim employee requests an exception to the company’s dress and grooming code allowing her to wear her headscarf, or a Hindu employee requests an exception allowing her to wear her bindi (religious forehead marking).

Questions about religion in the workplace have increased as religious pluralism has increased.

In a 2001 survey of human resource professionals conducted by the Society for Human Resource Management and the Tanenbaum Center for Interreligious Understanding, 36% of human resource professionals who responded reported an increase in the religious diversity of their employees in the preceding five years.

EXAMPLE 2 Religious Practice versus Secular Practice A Seventh-day Adventist employee follows a vegetarian diet because she believes it is religiously prescribed by the scriptural passage “[b]ut flesh with the life thereof, which is the blood thereof, shall ye not eat,” (Genesis 9:4).

Defining the exact parameters of the First Amendment is beyond the scope of this document.Determining whether a practice is religious turns not on the nature of the activity, but on the employee’s motivation.The same practice might be engaged in by one person for religious reasons and by another person for purely secular reasons.Therefore, these charges should be investigated and analyzed under all four theories of liability to the extent applicable, even if the charging party only raises one nature, as well as non-theistic “moral or ethical beliefs as to what is right and wrong which are sincerely held with the strength of traditional religious views.” Religious beliefs can include unique views held by a few or even one individual; however, mere personal preferences are not religious beliefs.

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