AOL File Library: 4,701 to 4,800/aol-file-protocol-4400-4701-to-4800.zip/AOLDLs/Social Issues & Comments/Job harassment due to religion/harass.txt

Text File | 2014-12-11 | 11KB | 252 lines

THE AMER GUIDE TO HANDLING RELIGIOUS HARASSMENT AT WORK


Some Day You May Be Harassed Because of Your Religion.

        Someday you may be fired from a job because someone
doesn't like your religion. You may have co-workers who
constantly harass you, or try to convert you to their
religion. Perhaps a supervisor will express disapproval of
your religion or make it clear to you that you would
get better treatment if both of you shared the same faith.
        If this or any other form of religious
discrimination or harassmentever happens to you, then you
will be faced with a difficult set of decisions, starting
with this: what do you want? Do you just want the
harassment to stop? Do you want a transfer? If you were
fired, do youwant your old job back? Do you want the
harassers disciplined? Shouldyou try for compensation for
lost wages or other damages?

Harassment and Discrimination Defined

        Before you can make these decisions, you need to
understand the law about discrimination and harassment.
There is no official definition of harassment, but it can be
described as being singled out because of yourreligion for
mistreatment, particularly if it makes it harder to do
your job. If you are harassed by your superiors, this is
discrimination.

U.S. Workers Employed "At Will"

        According to a 19th Century Supreme Court ruling,
commonly called "Employment at Will," your employer may
hire, fire, promote, or demote you at any time, for any
reason , and without stating a reason, unless you have a
written contract that states otherwise. There are generally
four exceptions to this: (1) for your age, gender, ethnic or
national origin, religion or any other reason mentioned in
the civil rights acts; 2) for filing workplace safety
complaints as covered by the Occupational Safety & Health
Act; (3) for attempting to organize a uion, protected by the
National Fair Labor Practices Act; or (4) for any disability
protected under the Americans with Disabilities Act.

The Burden of Proof is On YOU.

        However, because your employer does not have to give
a reason for his or her action, the burden is on you to
prove that you were fired, mistreated, or not hired was for
one of the reasons given above.

Interview? Say "I Prefer Not to Discuss Religion at Work."

        What should you do if you are asked questions about
religion, either on a job application or during an
interview? You should remember that there is no legal reason
for an employer to ask you this; we suggest that you leave
that field blank, or if asked, answer only, "I prefer not
to discuss religion at work"--and then stick to it. If they
don't hire you, you may have a perfect case for a religious
discrimination lawsuit, so contact the nearest office of the
Equal Employment Opportunities Commission (EEOC) or
equivalent agency immediately.

Collect, Preserve Any Evidence.

        In the event you are fired or harassed on the job,
unless you can produce documentation that can be presented
in court that your mis-treatment was religious
discrimination or harassment, you do not have a case.
Therefore, if you think there is any risk that your
employment situation may lead to a lawsuit or formal
complaint, the most important thing you can do is to collect
and preserve evidence.

Take Notes in a Spiral-Bound Noteook

        Buy a spiral-bound notebook, and after every
incident that you consider to be harassment or
discrimination, discreetly write down the name of the person
who harassed you, where and when it happened, what
they did or said, and the names of everyone who saw or heard
it. It would be sensible to keep the existence of this
notebook private.
        If you can do so without calling attention to it,
you might want to use a tape recorder. In most states, it is
legal to tape any conversation that you're part of. If you
do end up in court, your attorney will determine whether or
not your tapes can be used as evidence.

Always Get Copies of Your Personnel File

        Whether or not you are being harassed now, try to
get a copy of your personnel file at least once a year. You
may have no actual right to a copy, but many employers will
give you one if you ask. After all, if you have received
favorable reviews until your religious trouble started,
it might help to be able to prove it.

Co-Workers May Not Be Trying to Hurt You

        In most cases, the people you work with are not
really trying to hurt your feelings or make you angry. They
probably just don't know any better. They may be trying to
make a joke or convert you to their point of view. Many
people are simply more comfortable around persons who
share their value system.
        If you quietly and privately explain what they have
said or done that offended you, and how it made you feel,
they'll probably stop.  You need to be discreet and speak to
them alone, with no one else around.

Will a Little Gentle Humor Lower the Tension?

        If the situation becomes tense, consider a little
gentle humor to lower the tension.  Try not to embarrass
them or put them on the defensive. It is better to act hurt
than angry. If you are accused of having no sense of
humor, ask them for example, if they would tell gas chamber
jokes or Holocaust jokes to Jews.

DON'T Gossip, Gloat, or Argue Religion

        Remember, your complaint is with that person alone.
No matter how tempted you are, don't complain to your
co-workers about your treatment.
    If the offender apologizes, don't gloat. It is important
to treat any apology as sincere. You must also remember that
you are not trying to get into theology discussions, but
rather to stop any harassment. The issue here is harassment,
not whose religion is "better" or more "right."

If Informal Means Fail, Consider a Formal Complaint

        Most disputes can be resolved through such informal
means. If, however, all of your attempts to work things out
in a reasonable, adult manner have failed, then you may want
or need to appeal to a higher authority.

Winning Won't Guarantee You a Pleasant Place to Work.

        If informal discussions do not resolve the matter
then you have a difficult decision to make. As soon as you
start a formal complaint the atmosphere is going to get much
more unpleasant. If you think you can find work elsewhere or
if you can endure the present situation, you might be better
off doing so. The law may be on your side but winning a
formal complaint or lawsuit won't guarantee you a pleasant
place to work.
        Of course, if you don't challenge religious
discrimination or harassment, it will keep happening. This
is a decision that nobody can make for you.

Go to Your Supervisor or to Personnel.
Don't Go Over Your Boss's Head.

        If you are going to file a harassment complaint
about a co-worker, the first formal conversation should be
with your supervisor. If you need to file a harassment
complaint about your supervisor, your conversation should be
with Personnel or Human Resources. Don't jump the chain of
command and go over your boss's head.
        If your supervisor wasn't very helpful, see if your
company has a policies and procedures manual, and then
follow its advice on how to file a complaint. If not, ask to
see whoever is in charge of personnel.
    When in doubt, go to them--it is their job to assist
you.

If You Are In a Union, Talk to Your Union Rep.

        There is an important exception to the previous two
paragraphs: if you are a member of a union, your contract
may provide you with specific rights, remedies and
procedures to follow. In this case your first
conversation should be with your shop steward or other union
representative.

Call the EEOC Before the 300 Day Deadline.

        If it has been nearly 300 days since you were last
harassed or discriminated against and you still have
received no satisfaction through informal or corporate
channels, call the nearest office of the United States Equal
Employment Opportunity Commission (EEOC) and explain
your situation to an investigator. Ask the investigator for
advice. If he or she recommends that you file a formal
complaint, ask whether you need to file separately with your
state's equivalent of the EEOC.
        You do not have to wait until the corporate
procedures have been exhausted. In most cases there is a 300
day deadline for filing a complaint with the EEOC or state
agency.

Use Informal Means, Formal Complaint, and EEOC First!

        If you have not exhausted informal means, made a
reasonable attempt at using corporate remedies, gone
completely through the EEOC's procedures and their complete
appeals process, then filing a lawsuit would be futile.

Now You Need a Lawyer if You're Going to Go On.

        If you have reached this point and gotten no relief,
you must retain a lawyer if you want to go any further. You
and your lawyer need to determine what your objectives will
be in filing a lawsuit.
        Remember, you are not entitled to the free services
of an attorney even if you have been fired from your job.
You are filing the complaint, and your employer is the
defendant. And remember: because the employer is the
defendent, the burden of proof is on you!

Help Finding a Lawyer

        If you need help finding an attorney contact your
state's Bar Association's Lawyer Referral Service which is
listed in the phone book.
    You may also wish to consult such organizations as your
local chapter of the American Civil Liberties Union which
should also be listed in the phone book.

IMPORTANT: Report Actual Threats to the Police!

        It is important to note that if at any time during
the resolution process, either formal or informal, the
harassment escalates to the point of assault, physical
threats, slashed tires, stalking, or anything else where a
reasonable person would fear for their safety, you must
call the police! This has now gone beyond the realm of
harassment into criminal activity. Don't feel embarrassed
about calling the police for something that started out with
a joke or whatever. A well-timed complaint could save your
life.

Contact AMER

        Feel free to contact AMER for general advice and
support in the early stages of your dispute and please keep
us up to date on your case's progress.
        You can reach AMER at our voice mail box, (314)
994-1026 or by writing to Alliance for Magical and Earth
Religions, P.O. Box 16551, Clayton, MO 63105.  Our
electronic mail liaison is Chris Carlisle,
[e-mail].

The AMER Guide to Handling Religious Harassment at Work is
copyright 1993 by the Alliance for Magical and Earth
Religions. Permission is granted to reprint this document in
its entirety. All other rights reserved.