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.