Chapter § 4-32 § 21.108. Discrimination Based on Religion

• Jurisdiction: United States

4-32 § 21.108. Discrimination Based on Religion

In 2014, the Fifth Circuit came down with a very pro-plaintiff case, expanding what can be considered a sincerely held religious belief (as does the Grant case discussed next).

• Davis v. Fort Bend Cty., 765 F.3d 480 (5th Cir. 2014) (reversing summary judgment on behalf of an employer; plaintiff claimed religious discrimination when she was terminated after being told that she needed to work on a weekend and manage her IT staff as the county court system was moving from one building to another; she declined because her church was having a ground breaking for a new church and a luncheon afterward; Fifth Circuit holds that courts, in determining whether an employee has a sincere religious belief, should exercise "judicial shyness" and merely ask whether the employee in her "scheme of things" believed that she was adhering to a religious belief; thus, the employee need not point to any doctrinal religious belief to be engaged in a religious practice; note though that employer can still assert that it would be an undue burden to accommodate the practice).

A provision in this chapter referring to discrimination because of religion or on the basis of religion applies to discrimination because of or on the basis of any aspect of religious observance, practice, or belief, unless an employer demonstrates that the employer is unable reasonably to accommodate the religious observance or practice of an employee or applicant without undue hardship to the conduct of the employer's business.

On remand, the trial court dismissed the religious discrimination claim because it was not mentioned in the charge of discrimination nor could a claim of discrimination be reasonable to be expected to be investigated based on what was included in the charge (gender discrimination and retaliation). Moreover, case holds that an intake questionnaire is not a substitute for a charge of discrimination.

• Davis v. Fort Bend Cty., No. 4:12-CV-131, 2016 U.S. Dist. LEXIS 113510 (S.D. Tex. Aug. 24, 2016).

4-32:1 Commentary

4-32:1.1 What Is "Religion"?

The EEOC defines it broadly, as evidenced in its guidelines: www.eeoc.gov/policy/compliance.html. A religious belief, according to the EEOC, describes both theistic and non-theistic beliefs. The EEOC describes non-theistic beliefs as "moral or ethical beliefs as to what is right and wrong, which are sincerely held with the strength of traditional religious views."

One Texas case approves of this...