From the Office of Senator Kerry

Sunday, June 30, 2002

Washington, DC – U.S. Senators John Kerry (D-MA) and Rick Santorum (R-PA) today announced the introduction of legislation that would protect workers from on-the-job discrimination related to religious beliefs and practices. The legislation would require employers to reasonably accommodate an employee's religious practice or observance unless doing so would impose an undue hardship on the employer.

"In the last months, we've been reminded that America is the most free, the most tolerant, and to the chagrin of terrorists, the most religious nation on the face of this planet. With all we know and love about our country, it should be clear in our laws that no worker should ever have to choose between keeping a job and keeping faith with their cherished religious beliefs," said Kerry. "This legislation asks only that employers make reasonable accommodations for an employee's religious observance -- and that we protect the best of America's spiritual life even as we leave employers the flexibility they need to run their businesses."

The refusal of an employer to provide accommodation of a religious practice is seen as a form of religious discrimination by many groups and organizations. In the past, courts have interpreted Title VII of the 1964 Civil Rights Act so narrowly as to provide little restraint on an employer's ability to refuse accommodation for employee's religious practices. Enactment of the Workplace Religious Freedom Act will insure that all members of society, no matter their religious beliefs and practices, are protected from this type of discrimination.

The Kerry-Santorum legislation is supported by Christian, Jewish, Muslim and Sikh groups. It has also been endorsed by a wide range of organizations including the American Jewish Committee, the Anti-Defamation League, the Family Research Council, the General Conference of Seventh-day Adventists, the National Council of the Churches of Christ in the U.S.A., the Southern Baptist Convention, and the National Sikh Center, among others.

Attached is a summary of the Workplace Religious Freedom Act ###-

THE WORKPLACE RELIGIOUS FREEDOM ACT Brief Summary

What does the Workplace Religious Freedom Act (WRFA) do?

This bipartisan legislation, which is supported by Christian, Jewish, Muslim, and Sikh groups, would require employers to make reasonable accommodations for an employee’s religious observance unless this would impose an undue hardship on the employer. Since the courts have interpreted Title VII of the 1964 Civil Rights Act so narrowly as to provide little restraint on an employer’s ability to refuse accommodation for employees’ religious practices, the WRFA is necessary in order to restore the law as Congress originally intended it.

How would the WRFA help people?

An employee may need to take off work on Good Friday, leave only on Friday afternoon to observe the Jewish Sabbath, or wear religiously required clothing. If that employee is willing to work late nights earlier in the week in lieu of the Friday work and without overtime pay for those late nights, WRFA would require the employer to grant such an accommodation unless this imposes an undue hardship on the employer. WRFA therefore permits a more flexible work schedule that religious employees often need.

How does the WRFA define an “undue hardship” on the employer?

An “undue hardship” is defined as a situation which imposes “significant difficulty or expense” upon the employer, taking into account the employer’s size and operating costs as well as the number of individual employees seeking such an accommodation. This definition is similar to the definition successfully being used in the Americans with Disabilities Act. This definition of “undue hardship” has been carefully crafted to balance the respect that religion should be accorded with employers’ needs to have reliable and productive workplaces.

What safeguards does WRFA contain to protect employers?

The bill provides a number of safeguards for employers. For example, an employer is not required to provide an accommodation which will result in the inability of an employee to perform the essential functions of the job.