AJC Hails Introduction of Workplace Religious Freedom Act

American Jewish Committee
Tuesday, 11 April 2000

The following statement was issued today by Richard T. Foltin, Legislative Director and Counsel in AJC's Office of Government and International Affairs, at a Capitol Hill press conference held by Representatives Jerrold Nadler (D-NY) and Asa Hutchinson (R-AR) to announce introduction of the Workplace Religious Freedom Act of 2000. Mr. Foltin serves as chair of the Coalition for Religious Freedom in the Workplace, a broad coalition of religious and civil rights organizations that has come together to promote the passage of legislation to strengthen the religious accommodation provisions of existing civil rights law.

"Representatives Nadler and Hutchinson, the American Jewish Committee enthusiastically endorses the Workplace Religious Freedom Act of 1999, and greatly appreciates your leadership in introducing this important initiative. It is fitting that this press conference is held as both the Jewish and Christian communities prepare to celebrate their respective holy days in the coming days.

"The Coalition for Religious Freedom in the Workplace, which I have the privilege to chair, likewise applauds the action that you take today. As a glance at the roster of member organizations will demonstrate, this is a coalition with sharp differences on a broad range of public policy issues, not the least of which is separation of church and state and the meaning of the First Amendment's No-Establishment Clause.

"Be that as it may, we are united on a fundamental principle -- that no employee should arbitrarily be forced to choose between obedience to his or her faith and keeping a job.

"In 1972, the U.S. Congress amended the Civil Rights Act of 1964 so as to require that employers reasonably accommodate an employee's religious practice or observance unless to do so would impose an undue hardship on the employer. This standard, although appropriate on its face, has been interpreted by the courts in a fashion that places little restraint on an employer's ability to refuse to provide religious accommodation. The Workplace Religious Freedom Act will restore to the religious accommodation provision the weight that Congress originally intended.

"The refusal of an employer, absent undue hardship, to provide reasonable accommodation of a religious practice is nothing less than a form of religious discrimination that stands between Americans and equal employment opportunities. The Workplace Religious Freedom Act is crucial civil rights legislation meant to ensure that all members of society, whatever their religious beliefs and practices, are protected from this invidious form of discrimination.

"It is a civil rights violation when an employer refuses to make an adjustment in a shift schedule so as to avoid compelling a Seventh-day Adventist to work on his Sabbath, premised on the argument that even the administrative effort involved in arranging for such an adjustment amounts to an undue hardship.

"It is a civil rights violation when an employer refuses to allow a Moslem woman to wear the modest garb required by her faith while on the job simply because this is not the standard uniform worn by employees.

"It is a civil rights violation when an employer refuses to give a devout Catholic woman Christmas off, even when a number of her fellow employees were ready, willing and able to substitute for her on her holy day.

"Passage of the Workplace Religious Freedom Act will be a milestone in the protection of religious liberty. We strongly urge that the U.S. Congress act promptly to enact it into law."

The American Jewish Committee, the nation's oldest human relations organization, with 100,000 members and supporters and 32 offices nationwide, is dedicated to defending civil rights liberties, religious freedom and human rights, and promoting respect for American pluralism and domestic principles. From its inception, the AJC has been dedicated to religious liberty as a core concern.

For more information, or to contact American Jewish Committee, see their website at: www.ajc.org