Religious Accommodation in the Workplace (REPLAY)
Religious expression in the workplace is a potentially volatile combination exposing employers to liability in several ways. At what point does the legitimate expression of religious belief and proselytizing become a form of harassment for which employers are liable? Can an employer limit religious expression without violating the 1964 Civil Rights Act or the First Amendment? These are crucial questions as employers establish policies to accommodate religious expression. These and other questions will be addressed in this practical guide to the sources of law and potential liability in this area and best practice for limiting workplace strife and financial liability. Civil Rights Act of 1964, National Labor Relations Act, First Amendment Which employers are covered – which are not?
- Types of religious discrimination/harassment – quid pro quo and hostile work environment
- Proselytizing in the workplace – the line between harassment and free speech
- Employer liability for employee proselytizing
- Best practices for accommodation in the workplace
Katherine Huibonhoa is a partner in the San Francisco office of Paul, Hastings, Janofsky & Walker, LLP, where she represents and counsels employers in all aspects of employment law issues, with a particular emphasis on appeals, wrongful termination and equal employment opportunity litigation. Ms. Huibonhoa speaks and writes frequently on a variety of employment-related topics, including retaliation, wage and hour law, leaves of absence and wrongful termination. She recently co-authored articles on mixed motive cases and punitive damages published in Matthew Bender's California Labor and Employment Bulletin. Ms. Huibonhoa received her B.A., cum laude, from Columbia University and her J.D. from Columbia University School of Law.
