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ARTICLE · 24 SEPTEMBER 2008

EEOC Issues Revamped Compliance Manual On Title VII Religious Discrimination

On July 22, 2008, the EEOC voted unanimously to approve a new 94-page section of its Compliance Manual that addresses religious discrimination.

United StatesEmployment and HR
Gary Lieber
Gary Lieber

What Happened?

On July 22, 2008, the EEOC voted unanimously to approve a new 94-page section of its Compliance Manual that addresses religious discrimination. The EEOC issued the new section of the Compliance Manual in response to an 100% increase in religious discrimination charges between 1992 and 2007 and a corresponding increase in litigation and inquiries from EEOC staff, employers and the media regarding religious discrimination.

What Does It Mean?

The new section of the EEOC Compliance manual summarizes the development of the law of religious discrimination in the courts and clarifies the EEOC's position on what constitutes religious discrimination, particularly where the EEOC's views differ from court decisions. Although the Compliance Manual does not have the force of a legal decision or an EEOC regulation, it does illustrate what EEOC investigators will consider unlawful and what positions the EEOC will adopt in litigation brought by the agency itself.

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