EEOC Guidance Addresses Responsibilities Concerning the Employment of Individuals Who Are (or Are Perceived to Be) Muslim or Middle Eastern

Guidance Discusses Discrimination, Accommodations, and Other Topics

The U.S. Equal Employment Opportunity Commission (EEOC) has released guidance that explains responsibilities concerning the employment of individuals who are (or are perceived to be) Muslim or Middle Eastern.

Background
Among other things, Title VII of the Civil Rights Act (generally applicable to employers with 15 or more employees) prohibits workplace discrimination based on religion, ethnicity, country of origin, race, or color. Employers are prohibited from discriminating in all aspects of employment, including hiring, job assignments, pay, and termination. In addition, employers must reasonably accommodate religious practices or dress, unless it is an undue hardship. Employers also are responsible for preventing or promptly correcting illegal workplace harassment.  

New Guidance
Highlights of the new guidance are presented below:

·         Hiring and Other Employment Decisions. The guidance contains examples which illustrate that discrimination based on religion or national origin is prohibited by law in any aspect of employment (including hiring).

·         Harassment. In the aftermath of major terrorist attacks, workplace conversations and interactions related to these events may occur. In an atmosphere of heightened concern and apprehension, some employees may be more likely to make unguarded remarks, and others may be more afraid of harassment. The EEOC encourages employers to be proactive in such situations and to publicize (or re-publicize) their anti-harassment and anti-retaliation policies and procedures. The EEOC also encouragesemployees to review and become familiar with these policies and procedures.

·         Religious Accommodations. Employers should work closely with their employees to find an appropriate accommodation that meets employees' religious needs without causing an undue hardship for the employer. Whether a reasonable accommodation would impose undue hardship and therefore not be required depends on the particular workplace and the requested accommodation.

·         Background Investigations. A company may require an applicant to undergo the same pre-employment security checks that apply to other applicants for the same position. As with its other employment practices, an employer may not perform background investigations or other screening procedures in a discriminatory manner.