"In this Land of equal liberty
it is our boast, that a man's religious tenets
will not forfeit the protection of the Laws, nor deprive
him of the right of attaining and holding the highest
Offices that are known in the United States."
George Washington
INTRODUCTION
Religious liberty was central to the Founders' vision for
America, and is the "first freedom" listed in the First
Amendment of the Bill of Rights. A critical component of
religious liberty is the right of people of all faiths
to participate fully in the benefits and privileges of
society without facing discrimination based on their religion.
The Civil Rights Division of the Department of Justice enforces
federal statutes that prohibit discrimination based on
religion in education, employment, housing, public accommodations,
and access to public facilities. In addition, the Civil
Rights Division prosecutes bias crimes committed against
individuals because of their religion and acts of vandalism
and arson against houses of worship. The Civil Rights Division
also is authorized to bring suit to enforce the Religious
Land Use and Institutionalized Persons Act of 2000 (RLUIPA),
which protects individuals and houses of worship from discriminatory
and unduly burdensome zoning regulations, and protects
the religious exercise of prisoners and other institutionalized
persons.
This brochure provides an introduction to the laws against religious discrimination enforced by the Department of Justice, and information on how to report claims to the various sections of the Civil Rights Division and where to learn more about your rights.
Education
- A group of students form a Bible club and ask for
permission to meet in a classroom before school. While
other student-created groups are given meeting space, the
Bible club is barred because it is religious.
- Two Muslim sisters are told by a school principal
that they cannot wear their hijabs (head-covering scarves)
to school due to a no-hats policy, despite the fact that
the school has made exceptions to the policy for other
students.
- A teacher berates a student in front
of the class because he does not share the faith of the
teacher and the rest of the class, leading to repeated
harassment of the student by other children.
These examples may be violations of federal law, which prohibits
the denial of educational opportunities because of a person's
religion. The Division's Educational Opportunities Section
enforces these laws in elementary and secondary schools,
as well as public colleges and universities. The Educational
Opportunities Section's work addresses discrimination in
all aspects of education, including curricular and extracurricular
activities, the transportation of students, the hiring
and placement of faculty and administrators, and distribution
of school resources.
If you believe that you or your child has been denied access
to an educational program or otherwise discriminated against
by a school operated by a state or local government, you
can contact the Division's Educational Opportunities Section
toll free at (877) 292-3804, or write to: Educational Opportunities
Section -- PHB, Civil Rights Division, U.S. Department
of Justice, 950 Pennsylvania Ave., N.W., Washington, D.C.
20530. Further information is available at www.usdoj.gov/crt/edo.
Employment Discrimination
- A Jewish instructor for a county job training program
is told that he may not wear his yarmulke while teaching
classes.
- A store clerk who is a Seventh-day Adventist is scheduled
to work on a Saturday, his Sabbath. Despite the willingness
of a coworker with the same level of experience to switch
shifts with him, his supervisor tells him that he must
work Saturday or be fired.
- A supervisor passes over a qualified Mormon applicant
for a job and is later overheard saying to a colleague
that he would not feel comfortable working closely
with a Mormon.
These examples may be violations of Title VII of the Civil
Rights Act of 1964, which prohibits discrimination against
persons based on their religion in hiring, promotion, or
in the terms and conditions of employment. Title VII also
requires that employers reasonably accommodate the religious
needs of employees, such as Sabbath observance, if it
would not be an undue burden on the employer to do so.
If you believe that an employer, a labor organization or
an employment agency has discriminated against you because
of your religion, or has refused to make a reasonable accommodation
of your religious needs, you may call the U.S. Equal Employment
Opportunity Commission (EEOC) at (800) 669-4000 to be put
in contact with the EEOC office nearest you.
The Civil Rights Division handles individual cases of religious
discrimination against state and local government employers
upon referral from the EEOC. The Civil Rights Division
also has authority to bring suit against state or local
government employers when there is a pattern of activity
or a policy that violates Title VII. If you believe a state
or local government has violated your rights under Title
VII, you can call the Division's Employment Litigation
Section at (202) 514-3831, or write to: Employment Litigation
Section, Civil Rights Division, U.S. Department of Justice,
950 Pennsylvania Ave., N.W., Washington, D.C. 20530. Further
information is available at www.usdoj.gov/crt/emp.
Housing
- An apartment complex has a meeting room that is
available for residents to reserve for card games,
social activities, and similar events. A resident is
told that she may not use the room to hold a Bible study
with friends.
- A Sikh man wearing a turban is told by a landlord that
there are no apartments available in a complex, but
later the same day the landlord tells other prospective
tenants that there are units available.
- A tenant in public housing places a statue of the Virgin
Mary on her balcony. Although other tenants are permitted
to place similarly sized decorative objects on their
balconies, the property manager says that religious
items are not allowed in public housing.
These examples may be violations of the Fair Housing Act,
which prohibits discrimination in the sale or rental of
housing, including refusal to rent or sell to someone based
on his or her religion and discrimination based on religion
in the terms, conditions, or privileges of a sale or rental.
The Civil Rights Division's Housing and Civil Enforcement
Section ((800) 896-7743) handles cases involving either
a pattern or practice of discrimination or a denial of
rights to a group of persons when such denial raises an
issue of general public importance, while the U.S. Department
of Housing and Urban Development (HUD) ((800) 669-9777)
investigates individual complaints of housing discrimination.
The section's mailing address is: Housing and Civil Enforcement
Section, Civil Rights Division, U.S. Department of Justice,
950 Pennsylvania Ave., N.W., Washington, D.C. 20530. Further
information is available at www.usdoj.gov/crt/housing.
Public Accommodations and Facilities
- A town rents its community center to local groups
for meetings, but refuses to rent it to a local Hindu group
that wants to hold a Divali festival and a group that wants
to hold a Christian music concert. The town tells both
groups that it has a no-religious-activities policy at
the center.
- Three Buddhist monks go out to a restaurant wearing robes,
but the proprietor says "we don't allow religious
clothes in here. Come back when you are dressed normally."
These examples may be violations of federal law. Title II
of the Civil Rights Act of 1964 prohibits discrimination
based on religion in public accommodations, such as restaurants,
theaters, and hotels. Title III of the Civil Rights Act
of 1964 prohibits discrimination based on religion in public
facilities owned or operated by a state or local government.
The Division's Housing and Civil Enforcement Section (contact
information above) enforces these statutes and ensures
that religious individuals and institutions have equal
access to public facilities and accommodations. Further
information is available at www.usdoj.gov/crt/housing.
Zoning and Landmarking Laws
-
A small church is denied a permit
to operate out of a storefront in a commercial zone, even
though nonprofit groups including fraternal lodges, a dance
studio, and a theater company are permitted in the same
zone.
-
A town's zoning ordinance requires all houses of worship
to obtain a variance in order to locate within its borders.
While there are a number of churches already in town,
every application for a new house of worship since
the ordinance was adopted has been denied.
-
A rabbi periodically holds prayer meetings in his home
with 10 to 15 people. He is cited for zoning violations
for operating a house of worship in a residential zone.
- A Hindu congregation is denied a building permit despite
meeting all zoning requirements for height, setback, and
parking. The zoning administrator is overheard making a
disparaging remark about Hindus.
These examples may be violations of the Religious Land Use
and Institutionalized Persons Act of 2000 (RLUIPA), which
protects individuals, houses of worship, and other religious
institutions from zoning and landmarking laws that substantially
burden religious exercise without a compelling government
justification. RLUIPA also bars the government from applying
zoning and landmarking laws in a manner that discriminates
against particular religions, treats religious assemblies
or institutions on less than equal terms than nonreligious
assemblies or institutions, or unreasonably excludes houses
of worship from a jurisdiction. The Civil Rights Division
is authorized to bring suit to enforce RLUIPA. If you believe
your rights against discriminatory or unduly burdensome
zoning and landmarking laws have been violated, you may
contact the Division's Housing and Civil Enforcement Section
(contact information above). More information is available
at www.usdoj.gov/crt/housing/rluipaexplain.php.
Religious Exercise of Institutionalized Persons
- A prison makes no provision for kosher meals, despite
the repeated requests of three Jewish prisoners who have
identified a low-cost provider of such meals.
- Catholic prisoners seek space in a prison chapel on Sunday
and permission for a volunteer priest to come in to say
Mass, but are told that they should attend the nondenominational
Christian service run by the prison's Protestant chaplain.
- A Native American prisoner has his medicine bag confiscated
during intake to a prison, although other prisoners are
permitted to keep rosary beads, crosses, and other physically
equivalent small religious items.
RLUIPA, discussed with regard to zoning and landmarking law
above, also contains a provision protecting the religious
exercise of inmates and other persons confined to certain
institutions. RLUIPA requires that actions by officials
which impose a substantial burden on the institutionalized
person's religious exercise must be justified by a compelling
government interest and must be the least restrictive means
available to achieve that interest. The Division's Special
Litigation Section ((202) 514-6255) is authorized to bring
RLUIPA cases involving institutionalized persons. The mailing
address is: Special Litigation Section, U.S. Department
of Justice, 950 Pennsylvania Ave., N.W., Washington, D.C.
20530. Further information is available at www.usdoj.gov/crt/split.
Crimes Against Persons and Property
-
A mosque is spray-painted with anti-Muslim graffiti.
- Shortly after a Jewish family moves into a neighborhood,
a brick painted with a swastika is thrown through their
window.
- A Sikh man wearing a turban goes to a restaurant, but
a group of teenagers loitering in front tells him that
if he tries to enter wearing the turban they will beat
him up.
- Three white men intentionally set fire to an African
Methodist Episcopal church on a Saturday night. One
of the men later is overheard in a bar laughing
about the fire and making racial remarks.
These examples may be criminal violations of federal civil
rights laws. It is a federal crime to injure, threaten,
or intimidate people because of their religion in order
to interfere with their exercise of federally guaranteed
rights, such as the purchase or rental of a home, patronage
of public accommodations such as restaurants and theaters,
use of public parks and other facilities, attendance at
a school or college, or participation in government programs.
Federal law also criminalizes arson and vandalism against
houses of worship committed either because of the race
or ethnicity of the group using the property or, in certain
circumstances, because of the religious nature of the property.
If you have been the victim of a bias-related crime, you
should call your local police and the nearest local office
of the Federal Bureau of Investigation. You also may call
your local U.S. Attorney's office. The FBI and U.S. Attorneys
have publicly listed offices in most major cities. In addition,
you may call the Criminal Section of the Civil Rights Division
at (202) 514-3204. The mailing address is: Criminal Section,
Civil Rights Division, U.S. Department of Justice, 950
Pennsylvania Ave., N.W., Washington, D.C. 20530. Further
information is available at www.usdoj.gov/crt/crim.
Special Counsel for Religious Discrimination
In order to coordinate cases involving religion-based discrimination
among the various sections of the Civil Rights Division,
and to oversee outreach efforts to religious communities,
the Justice Department has created the position of Special
Counsel for Religious Discrimination. If you are unsure
which section of the Civil Rights Division to contact,
or if you have any problems reaching one of the sections
listed above, you may call the Special Counsel's office
at (202) 353-8622 (voice) or (202) 514-0716 (TDD), or write
to: Special Counsel for Religious Discrimination, Office
of the Assistant Attorney General, Civil Rights Division,
U.S. Department of Justice, 950 Pennsylvania Avenue, N.W.,
Room 5531, Washington, D.C. 20530. Further information
about the Civil Rights Division's initiatives to fight
religious discrimination is available at www.usdoj.gov/crt/religdisc/religdisc.php.
Protecting the Religious
Freedom of All:
Federal
Laws Against ReligiousDiscrimination
http://www.usdoj.gov/crt
June 2005
