Comments on: Can an Employer ask you about your faith in order to be consider for a job? http://www.massemailinglist.com/2010/06/can-an-employer-ask-you-about-your-faith-in-order-to-be-consider-for-a-job/ mass email list Fri, 18 May 2012 14:53:15 +0000 http://wordpress.org/?v=2.6.5 By: sgtsweetpants http://www.massemailinglist.com/2010/06/can-an-employer-ask-you-about-your-faith-in-order-to-be-consider-for-a-job/#comment-2485 sgtsweetpants Wed, 16 Jun 2010 10:33:16 +0000 http://www.massemailinglist.com/2010/06/can-an-employer-ask-you-about-your-faith-in-order-to-be-consider-for-a-job/#comment-2485 The part in quotes is carefully worded because they know they are on thin ice. They cannot use religion as a part of making a decision, but they could cover it as some sort of personality profiling or looking at how you would fit in with the current staff. You are not obligated to do this, but they are not obligated to hire you either. You may have some sort of court case if you submit an honest statement and they hire someone less qualified who is a Christian, but good luck proving and paying for all that. I might also ask why you would want to work with/for people that feel a person must be of a certain religion to do their job well? The part in quotes is carefully worded because they know they are on thin ice. They cannot use religion as a part of making a decision, but they could cover it as some sort of personality profiling or looking at how you would fit in with the current staff.

You are not obligated to do this, but they are not obligated to hire you either.

You may have some sort of court case if you submit an honest statement and they hire someone less qualified who is a Christian, but good luck proving and paying for all that.

I might also ask why you would want to work with/for people that feel a person must be of a certain religion to do their job well?

]]> By: Steve D http://www.massemailinglist.com/2010/06/can-an-employer-ask-you-about-your-faith-in-order-to-be-consider-for-a-job/#comment-2484 Steve D Mon, 14 Jun 2010 17:50:33 +0000 http://www.massemailinglist.com/2010/06/can-an-employer-ask-you-about-your-faith-in-order-to-be-consider-for-a-job/#comment-2484 Yes, they can ask and base hiring on that criteria. For a religious-based organization/business, an applicant's faith can be used as a "bona fide occupation qualification)...an opinion letter from the EEOC states: Although Title VII generally prohibits employers from using religion as a criteria for employment, it specifically permits "religious organizations" to prefer to employ members of their own religion. (1) Thus, if [business name] is a "religious organization" within the meaning of Title VII, it may prefer to hire co-religionists in any position. For the purposes of Title VII, a religious organization is one whose purpose and character are primarily religious, not primarily secular. Whether or not an organization falls within the exemption necessarily depends upon the particular characteristics of the organization. Significant factors in determining whether an institution's purpose and character are primarily religious or primarily secular include: whether its articles of incorporation state a religious purpose, whether its primary function is religious or secular, whether it is affiliated with or supported by a church, and whether it is for profit. E.E.O.C. v. Townley Engineering & Mfg. Co., 859 F.2d 610 (9th Cir. 1988). Obviously, the nature of the radio station has, as a primary function, a religious basis. Whether it fits other categories is unknown based on the info you provided. A call to your local EEOC would provide even more info. Yes, they can ask and base hiring on that criteria. For a religious-based organization/business, an applicant’s faith can be used as a “bona fide occupation qualification)…an opinion letter from the EEOC states:

Although Title VII generally prohibits employers from using religion as a criteria for employment, it specifically permits “religious organizations” to prefer to employ members of their own religion. (1) Thus, if [business name] is a “religious organization” within the meaning of Title VII, it may prefer to hire co-religionists in any position.

For the purposes of Title VII, a religious organization is one whose purpose and character are primarily religious, not primarily secular. Whether or not an organization falls within the exemption necessarily depends upon the particular characteristics of the organization. Significant factors in determining whether an institution’s purpose and character are primarily religious or primarily secular include: whether its articles of incorporation state a religious purpose, whether its primary function is religious or secular, whether it is affiliated with or supported by a church, and whether it is for profit. E.E.O.C. v. Townley Engineering & Mfg. Co., 859 F.2d 610 (9th Cir. 1988).

Obviously, the nature of the radio station has, as a primary function, a religious basis. Whether it fits other categories is unknown based on the info you provided. A call to your local EEOC would provide even more info.

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