Not only must your employer accommodate your religious needs, your employer must also take steps to protect you from harassment for your religious beliefs and practice. First, just as discussed before, your employer must take steps to accommodate your religious needs, including protecting you from harassment by co-workers and supervisors because of your religion. Second, your employer must also protect you from a hostile work environment.
The Supreme Court described a hostile work environment as one in which “the workplace is permeated with ‘discriminatory intimidation, ridicule, and insult,' that is ‘sufficiently severe or pervasive to alter the conditions of the victim's employment and create an abusive working environment.’” Not only must you believe the environment is abusive, it must also be objectively abusive, such that a reasonable person in your position would also find it abusive. This requires more than “the run-of-the-mill boorish, juvenile, or annoying behavior that is not uncommon in American workplaces” or “simple teasing, offhand comments, and isolated incidents (unless extremely serious).”
Because this is a fact-intensive determination and all the circumstances must be considered, no precise test is available to determine whether an environment is “hostile” or “abusive.” Therefore, please contact Liberty Institute regarding whether your work environment is sufficiently abusive to constitute a hostile work environment.
If a public school censors or prohibits your religious speech, expression or practice, and you are unsure if the public school’s actions violate your First Amendment freedoms, contact Liberty Institute at http://www.libertyinstitute.org/take-action/request-legal/.
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Id. (quoting Harris v. Forklift Sys., Inc., 510 U.S. 17, 21 (1993)); Morris v. City of Colo. Springs, 666 F.3d 654, 664 (10th Cir. 2012).
Harris v. Forklift Sys., Inc., 510 U.S. 17, 22-23 (1993); Hernandez v. V alley View Hosp. Ass'n, 684 F.3d 950, 957-58 (10th Cir. 2012).
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