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What Is Religion as Defined by Law?

Raymond F. Gregory

in Encountering Religion in the Workplace: The Legal Rights and Responsibilities of Workers and Employers

Published in print:
2011
Published Online:
August 2016
ISBN:
9780801449543
eISBN:
9780801460746
Item type:
chapter
Publisher:
Cornell University Press
DOI:
10.7591/cornell/9780801449543.003.0003
Subject:
Business and Management, HRM / IR

This chapter examines religion as defined by law. In a surprising number of cases, courts have had to decide whether particular practices are in fact religious, thus requiring the law's protection. ... More


Exemptions from the Discrimination Laws Granted to Religious Organizations

Raymond F. Gregory

in Encountering Religion in the Workplace: The Legal Rights and Responsibilities of Workers and Employers

Published in print:
2011
Published Online:
August 2016
ISBN:
9780801449543
eISBN:
9780801460746
Item type:
chapter
Publisher:
Cornell University Press
DOI:
10.7591/cornell/9780801449543.003.0013
Subject:
Business and Management, HRM / IR

This chapter examines the Title VII exemptions from discrimination that are granted to religious organizations. The Civil Rights Act of 1964 exempts religious organizations from much of Title VII's ... More


Questionable Applications of the Ministerial Exception

Raymond F. Gregory

in Encountering Religion in the Workplace: The Legal Rights and Responsibilities of Workers and Employers

Published in print:
2011
Published Online:
August 2016
ISBN:
9780801449543
eISBN:
9780801460746
Item type:
chapter
Publisher:
Cornell University Press
DOI:
10.7591/cornell/9780801449543.003.0015
Subject:
Business and Management, HRM / IR

This chapter focuses on questionable applications of the ministerial exception. More specifically, it asks whether a religious organization should be allowed to avoid the application of federal ... More


Religious Discrimination Claims Arising Out of the Termination of Employment

Raymond F. Gregory

in Encountering Religion in the Workplace: The Legal Rights and Responsibilities of Workers and Employers

Published in print:
2011
Published Online:
August 2016
ISBN:
9780801449543
eISBN:
9780801460746
Item type:
chapter
Publisher:
Cornell University Press
DOI:
10.7591/cornell/9780801449543.003.0006
Subject:
Business and Management, HRM / IR

This chapter examines religious discrimination claims arising out of the termination of employment. The courts often reject Title VII religious discrimination claims alleged by employees, deciding a ... More


The Ministerial Exception

Raymond F. Gregory

in Encountering Religion in the Workplace: The Legal Rights and Responsibilities of Workers and Employers

Published in print:
2011
Published Online:
August 2016
ISBN:
9780801449543
eISBN:
9780801460746
Item type:
chapter
Publisher:
Cornell University Press
DOI:
10.7591/cornell/9780801449543.003.0014
Subject:
Business and Management, HRM / IR

This chapter examines the “ministerial exception” that exempts members of the clergy from the proscriptions of Title VII and the Age Discrimination in Employment Act (ADEA). Historically the courts ... More


Religious Discrimination and the Civil Rights Act of 1964

Raymond F. Gregory

in Encountering Religion in the Workplace: The Legal Rights and Responsibilities of Workers and Employers

Published in print:
2011
Published Online:
August 2016
ISBN:
9780801449543
eISBN:
9780801460746
Item type:
chapter
Publisher:
Cornell University Press
DOI:
10.7591/cornell/9780801449543.003.0004
Subject:
Business and Management, HRM / IR

This chapter examines the provisions of Title VII of the Civil Rights Act of 1964 that provide workers with basic protections against acts of religious discrimination. Title VII prohibits religious ... More


Religion in the Public-Sector Workplace

Raymond F. Gregory

in Encountering Religion in the Workplace: The Legal Rights and Responsibilities of Workers and Employers

Published in print:
2011
Published Online:
August 2016
ISBN:
9780801449543
eISBN:
9780801460746
Item type:
chapter
Publisher:
Cornell University Press
DOI:
10.7591/cornell/9780801449543.003.0011
Subject:
Business and Management, HRM / IR

This chapter examines how the courts have applied the establishment and free exercise clauses of the First Amendment in resolving conflicts arising in public sector workplaces. Federal, state, and ... More


Religious Discrimination at Various Stages of the Employment Relationship

Raymond F. Gregory

in Encountering Religion in the Workplace: The Legal Rights and Responsibilities of Workers and Employers

Published in print:
2011
Published Online:
August 2016
ISBN:
9780801449543
eISBN:
9780801460746
Item type:
chapter
Publisher:
Cornell University Press
DOI:
10.7591/cornell/9780801449543.003.0005
Subject:
Business and Management, HRM / IR

This chapter examines acts of religious discrimination at various stages of the employment relationship. A worker who intends to pursue a religious discrimination claim against his or her employer ... More


Religious Discrimination and Retaliation

Raymond F. Gregory

in Encountering Religion in the Workplace: The Legal Rights and Responsibilities of Workers and Employers

Published in print:
2011
Published Online:
August 2016
ISBN:
9780801449543
eISBN:
9780801460746
Item type:
chapter
Publisher:
Cornell University Press
DOI:
10.7591/cornell/9780801449543.003.0019
Subject:
Business and Management, HRM / IR

This chapter examines how the law protects employees from acts of employer retaliation when they are engaged in exercising the rights granted them by Title VII. Employers have a tendency to react ... More


Employee Proselytization

Raymond F. Gregory

in Encountering Religion in the Workplace: The Legal Rights and Responsibilities of Workers and Employers

Published in print:
2011
Published Online:
August 2016
ISBN:
9780801449543
eISBN:
9780801460746
Item type:
chapter
Publisher:
Cornell University Press
DOI:
10.7591/cornell/9780801449543.003.0007
Subject:
Business and Management, HRM / IR

This chapter examines the legal issues surrounding an employee's proselytization of other employees. Most people tend to keep their religious beliefs to themselves, while others feel obligated to ... More


Accommodation in Practice

Raymond F. Gregory

in Encountering Religion in the Workplace: The Legal Rights and Responsibilities of Workers and Employers

Published in print:
2011
Published Online:
August 2016
ISBN:
9780801449543
eISBN:
9780801460746
Item type:
chapter
Publisher:
Cornell University Press
DOI:
10.7591/cornell/9780801449543.003.0017
Subject:
Business and Management, HRM / IR

This chapter examines how the general principles underlying an employer's duty to reasonably accommodate the religious observances and practices of its employees are applied on a daily basis by the ... More


Employer Liability for Employee Acts of Religious Harassment

Raymond F. Gregory

in Encountering Religion in the Workplace: The Legal Rights and Responsibilities of Workers and Employers

Published in print:
2011
Published Online:
August 2016
ISBN:
9780801449543
eISBN:
9780801460746
Item type:
chapter
Publisher:
Cornell University Press
DOI:
10.7591/cornell/9780801449543.003.0009
Subject:
Business and Management, HRM / IR

This chapter examines an employer's liability for acts of religious harassment committed by an employee. According to Title VII, employers must maintain a discrimination-free work environment, a ... More


Introduction

Raymond F. Gregory

in Encountering Religion in the Workplace: The Legal Rights and Responsibilities of Workers and Employers

Published in print:
2011
Published Online:
August 2016
ISBN:
9780801449543
eISBN:
9780801460746
Item type:
chapter
Publisher:
Cornell University Press
DOI:
10.7591/cornell/9780801449543.003.0001
Subject:
Business and Management, HRM / IR

This book examines a host of issues associated with the growing presence of religion in the workplace. More specifically, it considers the difficulties that arise for both employers and employees ... More


Accommodation in Out-of-the-Ordinary Circumstances

Raymond F. Gregory

in Encountering Religion in the Workplace: The Legal Rights and Responsibilities of Workers and Employers

Published in print:
2011
Published Online:
August 2016
ISBN:
9780801449543
eISBN:
9780801460746
Item type:
chapter
Publisher:
Cornell University Press
DOI:
10.7591/cornell/9780801449543.003.0018
Subject:
Business and Management, HRM / IR

This chapter examines out-of-the-ordinary circumstances in which accommodation arises as an issue. It first considers the case of Kimberly Cloutier, who sued Costco over dress code before turning to ... More


Proselytizing in the Public-Sector Workplace

Raymond F. Gregory

in Encountering Religion in the Workplace: The Legal Rights and Responsibilities of Workers and Employers

Published in print:
2011
Published Online:
August 2016
ISBN:
9780801449543
eISBN:
9780801460746
Item type:
chapter
Publisher:
Cornell University Press
DOI:
10.7591/cornell/9780801449543.003.0012
Subject:
Business and Management, HRM / IR

This chapter examines how the courts have addressed proselytizing in public sector workplaces. Employer intervention in the attempts by one or more employees to convert coworkers or proselytize ... More


Some Additional Issues

Raymond F. Gregory

in Encountering Religion in the Workplace: The Legal Rights and Responsibilities of Workers and Employers

Published in print:
2011
Published Online:
August 2016
ISBN:
9780801449543
eISBN:
9780801460746
Item type:
chapter
Publisher:
Cornell University Press
DOI:
10.7591/cornell/9780801449543.003.0020
Subject:
Business and Management, HRM / IR

This chapter discusses certain miscellaneous issues that typically appear in court cases involving the religious rights and responsibilities of employers and employees. It begins with an overview of ... More


Employer Proselytization

Raymond F. Gregory

in Encountering Religion in the Workplace: The Legal Rights and Responsibilities of Workers and Employers

Published in print:
2011
Published Online:
August 2016
ISBN:
9780801449543
eISBN:
9780801460746
Item type:
chapter
Publisher:
Cornell University Press
DOI:
10.7591/cornell/9780801449543.003.0008
Subject:
Business and Management, HRM / IR

This chapter examines the legal issues surrounding an employer's proselytization of its employees. When an employer engages in proselytizing of its employees, it may be violating Title VII because ... More


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