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S. 4046 (111th): Workplace Religious Freedom Act of 2010

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The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.


12/17/2010--Introduced. Workplace Religious Freedom Act of 2010 - Amends provisions of the Civil Rights Act of 1964 related to equal employment opportunities to include in the term "religion" all aspects of religious observance and practice, as well as belief, unless an employer demonstrates that the employer is unable, after initiating and engaging in an affirmative and bona fide effort to reasonably accommodate to an employee's or prospective employee's religious observance or practice without undue hardship on the conduct of the employer's business. (Current law makes no reference to an employer's affirmative and bona fide effort.)

Provides that an employer's accommodation of an employee's practice of wearing religious clothing or a religious hairstyle, or of taking time off for a religious reason, imposes an undue hardship on the conduct of an employer's business in accommodating such practice only if the accommodation imposes a significant difficulty or expense on the conduct of the employer's business when considered in light of specified factors set forth in the Americans with Disabilities Act of 1990, including: (1) the nature and cost of the accommodation needed; (2) the financial resources and size of the business; and (3) the type of operation of the business.

Requires an employer's accomodation, before it may be considered a reasonable accomodation, to remove the conflict between employment requirements and the employee's religious practice. Prohibits an accomodation from being a reasonable accomodation if it requires an employee to be segregated from customers or the general public.