Like harassment based on race or sexual harassment, an employer can be liable for harassment of an employee based on his religion. The same general standards established in Title VII cases governing racial or sexual harassment also apply to religious harassment. That is, an employer will be liable for religious harassment committed by a supervisor, or for religious harassment perpetrated by a non-supervisory coworker in situations where the employer knew or should have known of the harassment, but did not take prompt and adequate action to end and remedy the harassment.
Interestingly, potential victims of religious harassment encompass a wide gamut of individuals. On one hand, persons with unconventional religious beliefs constitute what might be considered “traditional” victims of harassment based on their religions, as their beliefs or practices might be considered to be foolish or even dangerous. A second group of employees who might complain of harassment based on religion might be persons who do not believe in a deity at all, but are subjected to constant efforts by religious employees to “convert” them and save their souls. Finally, certain employees may object to efforts by employers increase diversity in their workplace as a form of religious harassment. In the Peterson case, the 9th circuit determined that forcing an employer to remove posters as part of a campaign to foster diversity and encourage tolerance and good will among its workforce would constitute an undue hardship. Individuals whose religious beliefs oppose homosexuality, for example, must comply with company diversity policies. Under EEOC guidance released in 1997, employees are permitted to engage in private religious expression in personal work areas not open to the public and engage in religious expression with fellow employees to the extent that they may engage in those same activities for non religious purposes. The guidelines also permit employees to prostelatize–but only if the attempts to persuade others regarding the correctness of their religion are not unwelcome.
Claims of this nature have increased significantly following the World Trade Center attacks in September 11, 2002 and employers and the EEOC are particularly wary of potential discrimination and harassment of Muslims and individuals of middle eastern or similar descent.