On July 22, 2008, the EEOC has issued a new Compliance Manual Section concerning workplace discrimination on the basis of religion. The new manual is intended as an overview of religious discrimination case law and the EEOC’s own views on the subject in order to provide “a practical resource for employers, employees, practitioners, and EEOC enforcement staff” in navigating the religious discrimination provisions of Title VII. The EEOC’s regulations on religious discrimination, 29 C.F.R. § 1605, are not affected by the manual.

The manual first addresses coverage issues, such as the definition of “religion” and a “sincerely held” belief under Title VII. The manual emphasizes that Title VII’s definition of religion is very broad, intended to cover all aspects of religious observance and traditional and non-traditional beliefs alike. The section further notes that religious discrimination protections extend to those with no religious beliefs at all. 

Next, the manual provides an analysis of disparate treatment claims of religious discrimination and workplace harassment based on religion. The manual also discusses what constitutes a “reasonable accommodation,” addressing both the scope of the accommodation required and common methods of religious accommodation used by employers. Lastly, the manual discusses the intersection of religious discrimination with other similar forms of discrimination, such as discrimination based on national origin or race.

The EEOC issued the new manual in response to rising claims of religious discrimination and at the request of agency officials involved in investigating and prosecuting these claims. The EEOC speculated this rise in claims may be attributable to an increase in religious pluralism, noting that as religious diversity in the workplace has increased, charges of religious bias may have risen in response. Religious discrimination claims filed at the EEOC have climbed from 1,388 in 1992 to a record 2,880 in 2007.