An area of growing importance under Title VII of the 1964 Civil Rights Act is religious discrimination and religious accommodation in the workplace. According to data released by the Equal Employment Opportunity Commission (EEOC) in January of this year, the number of religious discrimination charges filed with the agency has reached a record high. This continues the trend over the last decade, where the number of religion-based charges filed with the EEOC has almost doubled. There have also been a number of recent federal cases from New York recently involving religious accommodation and religious discrimination in the workplace including a decision in February from the Southern District of New York.

Title VII both prohibits religious discrimination and harassment in the workplace and also includes an affirmative duty of religious accommodation. Under §701(j) of Title VII, “[t]he term ‘religion’ includes all aspects of religious observance and practice, as well as belief, unless an employer demonstrates that he is unable to reasonably accommodate…an employee’s or prospective employee’s religious observance or practice without undue hardship on the conduct of the employer’s business.”1

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