Title VII of the 1964 Civil Rights Act, which forbids religious discrimination in employment, raises in microcosm some extremely thorny questions about religious liberty; questions more familiar to most of us in constitutional settings. In focusing on these questions in their Title VII context, I am more interested in fundamental conceptual issues than in the precise details of what that law should be taken to provide.
Among the questions are: What is discrimination because of religion? How should religion be "defined"? How far should employers accommodate the religious exercise of workers? Under the First Amendment, how much accommodation can the federal government require of private employers? What are an employer's rights to religious exercise? Has an employer any greater, or lesser, right to engage in religious speech than other speech? What amounts to harassment on religious grounds? How far do workers' rights of religious speech and other speech affect what should count as religious harassment?
Civil Rights and Discrimination | Law | Religion Law
Title VII and Religious Liberty,
Loy. U. Chi. L. J.
Available at: https://scholarship.law.columbia.edu/faculty_scholarship/3484