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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.The following examples illustrate these concepts: EXAMPLE 1 Employment Decisions Based on “Religion” An otherwise qualified applicant is not hired because he is a self-described evangelical Christian.A qualified non-Jewish employee is denied promotion because the supervisor wishes to give a preference based on religion to a fellow Jewish employee.Solely with respect to religion, Title VII also requires reasonable accommodation of employees’” cost or burden -- a substantially lower standard for employers to satisfy than the “undue hardship” defense under the Americans with Disabilities Act (ADA), which is defined instead as “significant difficulty or expense.” The prohibition on discrimination and the requirement of reasonable accommodation apply whether the religious views in question are mainstream or non-traditional, and even if not recognized by any organized religion.

Her vegetarianism is a religious practice, even though not all Seventh-day Adventists share this belief or follow this practice, and even though many individuals adhere to a vegetarian diet for purely secular reasons.The Section defines religious discrimination, discusses typical scenarios in which religious discrimination may arise, and provides guidance to employers on how to balance the needs of individuals in a diverse religious climate.Some charges of religious discrimination may raise multiple claims, for example requiring analysis under disparate treatment, harassment, and denial of reasonable accommodation theories of liability.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.

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