Welcome to EEO News & Notes, our online journal of selected articles related to the Office of Equal Opportunity and Diversity Management (OEODM) celebrations, EEO events, and topics of interest to the National Institutes of Health (NIH) community.

Religious Diversity in the Federal Workplace

“My great hope is that we can enter this new century and this new millennium as the most successful multiracial, multiethnic, multireligious democracy the world has ever known. We will get there through efforts like this--men, women from all walks of life coming together to respect and celebrate our differences while uniting around the ideals that bind us together, more importantly, as one America.”

With the preceding words, President Bill Clinton introduced the Office of Personnel Management’s issuance of Guidelines on Religious Exercise and Religious Expression in the Federal Workplace on August 14, 1997.

In disseminating these guidelines to the heads of Federal departments and agencies, President Clinton wrote that the principles in the guidelines are all “but variants or applications of a single rule of neutrality and fairness—that agencies shall treat their employees with the same respect and consideration, regardless of their religious beliefs. Whether by allowing religious speech, preventing religious coercion or harassment, or making accommodations to religious practice, the Federal Government must act to ensure that the Federal workplace is generous to followers of all religions, as well as to followers of none.”

The Equal Employment Opportunity Commission (EEOC) defines religion as a set of attitudes, beliefs, or practices that permeate an individual’s life. See Samuels v. Department of Health and Human Services, EEOC Appeal No. 01850301 (1987). The EEOC also has extended religious protection for those who believe that God does not exist. See Akers v. Secretary of Transportation, EEOC Appeal No. 01932415 (1993).

According to Title 29 Code of Federal Regulations Part 1605.1, a religion does not have to be an organized religion practiced by anyone other than the person who holds the belief in order to have validity. It includes moral and ethical beliefs as to what is right and wrong that are sincerely held with the strength of traditional religious views.

Religious diversity is a fact of life. The United States (U.S.) has been called the most religiously diverse Nation in the world. All of the world’s religions, from Asatru to Zoroastrianism, are practiced throughout the U.S.

The NIH supports religious diversity!

Message from the Director

Lawrence N. Self

This year, EEO News & Notes has focused on topics that I believe are both interesting and helpful to NIH managers, supervisors, and employees. We started off with the spring edition on Employees with Disabilities in the Workforce. The summer edition on Respect and Positive Communication in the Workplace served as our backdrop for the fall issue saluting two NIH Managers Extraordinaire who have set the standard for exemplary leadership by creating and maintaining a workplace environment in which their employees feel valued and respected. As 2006 draws to an end, and we enter the “holiday” season, I thought it fitting that the winter edition of EEO News & Notes would spotlight Religious Diversity in the Federal Workplace.

Because many people have been cultured to celebrate the “holidays” with an emphasis on Santa, ornaments, and Christmas fanfare, they overlook the depth of the diversity present in America during this season. In reality, many events, both spiritual, religious, and tradition based, are celebrated in various ways during these times.

It used to be that being “inclusive” meant sending out "Happy Holidays" greeting cards and changing Christmas office parties to "holiday parties." Today, diversity and inclusiveness are about using the holiday celebration time to be with friends and family to build understanding and awareness about others. To this end, I would like to recommend three ways to build your awareness of religious diversity and create and inclusive holiday work environment:

• Learn about other religious or holiday celebrations. Carve out some time from online shopping or a holiday TV show to learn about another culture’s celebrations during this time. Share your learning with others, and use it as a chance to expand the conversation at parties and at the dinner table.

• Make no expectations about other religious or holiday celebrations. Realize that people celebrate a variety of holidays during this time of year, and some people choose to celebrate none. Be respectful of these differences by taking interest in other people’s traditions and making them feel welcome. Don’t be afraid to ask people what holidays they celebrate. Let it be an opportunity to learn about different cultures and religions.

• Mark your calendar and address book with other scheduled religious or holiday celebrations. Find out the dates of holidays such as Kwanzaa, Hanukkah, Ramadan, Bodhi, and Diwali. Record them as reminders and mark your address book with the holidays that people celebrate. When writing holiday cards, recognize their holiday, and include a handwritten note acknowledging their celebration.

Happy Holidays to all. See you next year!

Tips for Managers and Supervisors

MAKING THE WORKPLACE MORE INCLUSIVE

Here are a few ideas for how supervisors and managers can ensure that the workplace is inclusive of all—regardless of their religion or nonreligion—during the holidays:

• Make sure your holiday party isn't a Christmas party in disguise. Decorations and food should be general, and not specific, to any religion.

• Consider having a New Year's party instead of a holiday party. This type of party can get everyone on board with the mission and vision that the Institute or Center (IC) embraces for the upcoming year.

• Post holiday greetings on your webpage and Intranet for many religious holidays.

• Be respectful of these special dates, and plan events and meetings around various holidays.

• Display a multi-cultural calendar to help all employees stay aware of important cultural events for the rest of the year.

• Be flexible with the needs of different employees about religious or holiday celebrations.

• Encourage employees to share their celebrations through stories, decorations, and foods that they can bring to the workplace.

• Avoid focusing celebrations on religious beliefs. Even if you expand your event to include more than one major religion, you're likely to forget or offend someone.

• If you are serving food at your event, keep in mind the varied dietary needs of your guests. Some may require kosher or vegetarian options. Others may have food allergies or require a heart-healthy menu.

• Avoid scheduling events on key religious holidays that make it difficult for every employee to attend.

Recent Commission Decisions Finding Religious Discrimination

Complainant was ordered off the agency’s property when he refused to remove his kufi, a prayer cap used in the practice of the Muslim faith. The Commission found that complainant, a Muslim, had a bona fide religious belief, i.e., wearing a kufi, though not required, was religious garb in the tradition of the prophet Mohammed. The Commission found that Title VII did not require the request to be in writing and that the agency was in a position to immediately grant the request without incurring an undue hardship on operations. The Commission ordered the responsible management officials to attend training on how to identify and prevent religious discrimination. Brown v. United States Postal Service, EEOC Appeal No. 01A50280 (December 28, 2005).

Complainant was terminated from his position as a casual employee for failing to report to work on Saturdays. Complainant had become convinced that Saturday was the proper day on which the Sabbath should be observed in his religion, African Methodist Episcopal. Although complainant had previously been accommodated by not being made to work on Saturdays, he was informed that he could no longer have Saturdays off, after a transfer to a new facility. The AJ found that complainant met the burden of demonstrating that he held a bona fide religious belief. The Commission found that the agency made no good faith effort to accommodate complainant’s religious beliefs—such as considering having other employees voluntarily switch schedules--or carry its burden of showing undue hardship in accommodating his beliefs. The record contained evidence that another casual employee was off work on Saturdays. In addition, just days after Complainant was terminated, two tours were combined so that casual employees could be given Saturdays off, and the agency failed to show that there had been any changes in operations between those times. The agency was ordered to provide complainant with back pay, $60,000 in non-pecuniary compensatory damages, reinstatement, and $54,258 in attorney’s fees and costs. Bullock, III, v. United States Postal Service, EEOC Appeal No. 07A40101 (August 3, 2005).

Recent Commission Decisions Finding No Religious Discrimination

Complainant asserted that the agency discriminated against her on the basis of her religion when it denied her request to pray in her immediate supervisor’s office. Complainant, a Muslim, informed the agency that she needed a place to pray, because her religious belief requires her to pray each morning before sunrise. Complainant asked to pray in one of two specified areas for approximately 15 minutes. While her supervisor denied her request to pray in the areas mentioned, he told complainant that she could pray in an area where other Muslim employees prayed. The supervisor also told complainant that she could pray for a total of 60 minutes each day. The Commission found that the supervisor’s response was sufficient to meet the agency’s obligation to provide Complainant with religious accommodation. The Commission also noted that Complainant had the option of praying during her lunch break, which she was allowed to take within a two-hour window during the pre-dawn hours. Owens v. United States Postal Service, EEOC Appeal No. 01A40636 (July 7, 2005).

Complainant worked for the agency as Park Ranger. In response to Complainant’s request for Sunday mornings off in order to attend his Sabbath services, the agency granted Complainant leave without pay from 1993 until 1999. According to Complainant, his supervisor then informed him that a new union agreement did not provide for religious accommodation, and he would have to take annual leave. The record showed that when staffing permitted, the agency allowed Complainant either to use leave without pay and annual leave to attend Sabbath services or to accrue compensatory time in order to avoid using leave. However, there were other occasions with Complainant was required to work on Sunday mornings. At times, Complainant’s request for leave was denied because it conflicted with a co-worker’s request made months before Complainant’s request. On those occasions, the agency advised Complainant to contact the facility on Sunday morning to see whether there was sufficient coverage for him to be excused for the day. Thus, the Commission concluded that the agency acted in good faith to accommodate Complainant’s religious practices. Cosgrove v. Department of the Interior, EEOC Appeal No. 01A34768 (August 25, 2004).

EEO News & Notes is published quarterly as an information and outreach tool of the OEODM. We welcome your ideas and comments about how we can make our newsletter better. Please forward your input to Jayne E. Callahanhenson, Managing Editor, EEO News & Notes, OEODM. Ms. Callahanhenson can be reached by telephone on 301.496.7478 (v); 301.451.2290 (TTY); or by email at callahaj@od.nih.gov.