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C.E. HODGES MINISTRIES
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FREEDOM FOR ALL

No one is fully free until all are free because those who are free are not totally content or completely satisfied until all are free.  The free, therefore, are always concerned or working for the freedom of those who are still enslaved or oppressed.  When all are free, free from the various types of slavery, ignorance, and oppression then all will be free.  The challenge for us is to never become satisfied while others suffer.  That freedom has never been extended to us by the Great Freedom Giver of the Universe.

                       Religious Liberty Spotlight

                The Ministry Supporting All Ministries


In a recent Adventist Review, Dr. Ivan L. Warden’s article on gifts and ministries stated, "Imagine what could happen if churches today had a Jerusalem-upper-room experience. It would change our understanding of spiritual gifts and ministries. Correctly understood and gladly implemented, the principles of spiritual gifts and ministries (with the love and unity that they will bring to the church) would transform society as nothing else."

This was made plain by our Lord when in John 17 He prayed that we would be one as the Father and Son are one and that we would be one in Them. Paul stated the same but pointed out in 1st Corinthians 12 that the body is a unit with many parts working together as one.


What good would religious liberty be to the church if there were no functioning ministries? What good would feet be if they were alone or the head if there was nothing else. By God’s grace, may we seek and achieve the unity expressed in the prayer of Christ in John 17?


The ministry of religious liberty has three important parts:
(1) Education - Educate thought-leaders and others with Liberty magazine, educate church leaders and church members on religious liberty issues - - - problems and solutions, (2) Protection against religious discrimination regarding churches and church-owned properties, Christian education, parenting and custody issues, faith sharing to all, and religious practices in the workplace; and (3) Last-day events - prophecies, preparation for the final crisis, with the faith of Jesus. THE RELIGIOUS LIBERTY DEPARTMENT will assist and cooperate with churches and other ministries in the interest of these issues.


At his first National Prayer Breakfast in Washington, President Obama announced the expanded purpose of the White House Office of Faith-Based and Neighborhood Partnerships. The President stressed:

"The goal of this office will not be to favor one religious group over another –– or even religious groups over secular groups. It will simply be to work on behalf of those organizations that want to work on behalf of our communities, and to do so without blurring the line that our founders wisely drew between church and state."


It is good news to hear that the new president recognizes, "the line that our founders wisely drew between church and state." It is also good to hear that one religious group will not be favored over another or even religious groups over secular groups in this administration.


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SCC  Religious   Liberty  News September  2011   
AL, FL, KY, MS, TN      C. E. Hodges, Religious Liberty Director
Nashville, TN 37207

Soon - Time Shall Be No More

Vatican Says Sunday Is For God and Rest


Vatican official exhorts Catholics to set aside Sundays for God and rest.
     Rome, Italy, Jul 19, 2011 (CNA/EWTN News) - Sunday should be a day for worship, rest and time with family and friends, said Monsignor Miquel Delgado Galindo, under secretary for the Pontifical Council for the Laity.
      “The Church teaches us to set aside this day, the first day of the week on which we remember the resurrection of Jesus Christ, for divine worship and for human rest,” the monsignor recently told CNA.     (Catholic News Agency)
      “On Sundays Catholics should participate in the Holy Mass, the unbloody renewal of Christ’s sacrifice on the cross” and “the greatest expression of worship and adoration that man can offer to the Lord our God,” he said.
     Sundays should also be a day “devoted to rest with family and friends,” he added.    Msgr. Galindo underscored the importance of Blessed John Paul II’s 1998 Apostolic Letter, “Dies Domini,” which exhorts the bishops, the clergy and the lay faithful to keep Sunday holy and to treat it as the Lord’s day.   

Pope Forgives Sins of Youth

Vatican City, Aug 12, 2011 / 10:33 am (CNA/EWTN News).- Pope Benedict XVI has declared that pilgrims to World Youth Day in Madrid will be able to obtain a special indulgence while attending the event.
     “We are very happy because the Holy Father reinforces with this decision the penitential meaning of World Youth Day in Madrid,” communications director Rafa Rubio told CNA (Catholic News Agency) on Aug. 11.
     The indulgence will allow young people to draw closer to God and grow in their friendship with Christ, Rubio added.  An indulgence is the means by which the Catholic Church – with the authority of Jesus Christ – rescinds the temporal consequences of sins that have already been forgiven in confession.
     Indulgences replaced the severe penances imposed in the early Church and can be either “plenary” or “partial,” which respectively rescind all or part of the punishment caused by sin.
     The Pope’s intentions were announced Aug. 11 in a decree from the Apostolic Penitentiary in Rome, the Vatican body responsible for issues related to the forgiveness of sins.

Mark Of The Beast Technology?         

A hair-thin electronic patch that adheres to the skin like a temporary tattoo could transform medical sensing, computer gaming and even spy operations, according to a US study published Thursday.   This new micro-electronics technology, called an epidermal electronic system (EES),  has been suggested for placing an invisible MARK OF THE BEAST on individuals.  (Prophecy News Watch, 8-11)

Countries With Worst Religious Freedom Grades Are Mostly Islamic 

     Muslim-majority countries score worst across a range of measures in a comprehensive new study tracking government restrictions on religion as well as social hostilities involving religion around the world.
     The study by the Pew Research Center’s Forum on Religion & Public Life, released Tuesday, found that nearly one-third of the world’s population lives in countries where religion-related government restrictions or social hostilities rose significantly between mid-2006 and mid-2009.
     Geographically, the Middle East/North Africa region boasted the largest proportion of countries – 30 percent – where official restrictions on religion increased over that three-year period.  The ten countries with the highest – that is, worst – grades when it comes to government restrictions on religion were  Egypt, Iran, Saudi Arabia, Uzbekistan, Maldives, Malaysia and Indonesia, China, Burma and Eritrea.
     By contrast, the vast majority of the cases documented in the report took place in Islamic countries – Afghanistan, Bangladesh, Egypt, Indonesia, Iran, Jordan, Malaysia, Nigeria, Pakistan, Saudi Arabia and Sudan – and included lengthy prison terms and the imposition of the death penalty, as well as extrajudicial retribution such as mob attacks and killings.  North Korea is among the most repressive.

Adventists Limit Their Religious Freedom

     The Personal Ministries leader of each church has significant responsibilities for promoting all church ministries during worship services on the first Sabbath of each month.  But boards and pastors too often ignore pages 98 and 118 of the SDA Church Manual.  Too many pastors expect or are expected to provide all the leadership and when they try to do too much, they do too little.  When we free the members from work and ministry, we deny the Church its freedom.  Can God be pleased?
     Everyone is to minister to someone.  Jesus calls upon each to take up a cross, deny self, and follow Him.  (Mk. 8:34) “Everywhere there is a tendency to substitute the work of organizations for individual effort.  They excuse themselves from contact with the world, and they become self-absolved.  Love for God and man dies out in the soul.”  (EGW, Ministry of Healing, p. 147)
     “Alas! For that day is great, so that none is like it: it is even the time of Jacob’s trouble; but he shall be saved out of it.” Jer. 30:7
See www.scc-adventist.org & www.cehodges.com


 SCC  Religious Liberty  News & Information
August 2011   
AL, FL, KY, MS, TN      C. E. Hodges, Religious Liberty Director
Nashville, TN 37207



Religious Liberty and You

Value and Protect Freedom

Many persons choose a type of slavery over freedom.  Some are slaves to chemical addictions, illegal and prescription drugs, and other things or persons.  They will do anything to satisfy a desire, please a person, or secure things.  Intemperance, bad habits, ignorance, and poor choices may lead to such lack of self control.  This can happen in many such areas even with things which may be good in moderation.

In religion, there are extremes which may lead us to give up our religious freedom.  Religious fanatics often deny themselves the freedom that is found in Christ and His teachings.  If God wished, He could control us and everything we do.   But He gives us freedom of choice even in serving Him who has done everything good for us or serving Satan who has done nothing good for us.  Yet, we sometimes chose to obey Satan.   The love of God then pursues us and seeks to save us, from our destructive and enslaving ways, by His grace.  The precious and powerful blood of Jesus makes this all possible.  What a high price Jesus paid for our freedom.
Christ was persecuted for having different religious views and practices than the Jewish leaders of His day.  He built the Christian church which was persecuted for preaching and teaching Christ.  The entire book of Acts tells of the disciples being stoned, beaten, imprisoned, and killed for preaching Christ and Him crucified.  But the early church of God chose to obey God rather than man no matter the cost.  Obedience to God protects our freedom.  There are those in prison today because they refused to give up Christianity but they have more freedom than the judges which sentenced them.  Christ not only gives us freedom from the burdens of sin but eternal freedom in His eternal life. 
In the United States, many persons have been denied freedom because of some religious beliefs.  This was called a Christian nation and therefore, Jews, Native Americans, Mormons, Jehovah’s Witnesses, Muslims, Atheists, and a few others were mistreated because they were not viewed as Christians or true Christians.   Seventh-day Adventists have been jailed and forced to labor in chain gangs for desecrating Sunday. Yesterday, the victims were non-christians.  Tomorrow, it may be Sabbath-keepers or Muslims, or some others.   Those who value religious liberty should value it for all.

The united States has served as a model for other countries in the areas of freedom and human rights.  From the beginning, it has been a place of refuge for those trying to escape religious intolerance and persecution.  Refugees any place in the world today suffer much from discrimination, intolerance, persecution, and denial of basic human needs, often including food, clothing, and shelter.   When disasters and hard times spread to all or most people of a region, nation, or the world, the masses look for someone to blame or someone on which they can take out their anger and frustrations.

    “The restraining Spirit of God is even now being withdrawn from the world. Hurricanes, storms, tempests, fire and flood, disasters by sea and land, follow each other in quick succession. Science seeks to explain all these. The signs thickening around us, telling of the near approach of the Son of God, are attributed to any other than the true cause. Men cannot discern the sentinel angels restraining the four winds that they shall not blow until the servants of God are sealed; but when God shall bid His angels loose the winds, there will be such a scene of strife as no pen can picture.”  (Testimonies, Vol 6, p. 408)

“The terrible disasters that are befalling great cities ought to arouse us to intense activity in giving the warning message to the people in these congested centers of population while we still have an opportunity. The most favorable time for the presentation of our message in the cities has passed by. Sin and wickedness are rapidly increasing; and now we shall have to redeem the time by laboring all the more earnestly.”--Letter 148, 1906.  {Medical Ministry, p. 310.2}

We need to be aroused from our inactivity, our pleasures, and our sleep and respond to the call of Christ for us to serve in some ministry.  Are we waiting for more tornadoes, disasters, for more destruction, violence, for more loss of life before we work for Him with heavenly angels?  He calls upon us to deny self, take up our cross, and follow Him.  (Mk. 8:34) Have you denied self or taken up a cross?

2011 Disasters Signs of 2nd Coming

In 2011 alone, the world has seen 19 major earthquakes from California to Argentina, Japan, New Zealand, Iran and more.  Millions of dead birds and fish have been discovered in Arkansas, Louisiana, KY, MD, TX, MS, Brazil and more.  Major floods were seen in Australia, Brazil, MS, TN, MO, and OK.  Major tornados hit AL, TN, MN, MD, KS, MS, and OK.  An outbreak of E. Coli has plagued Germany.  The Grimsvotn, Iceland volcano erupted and the North Pacific Tsunami cost Japan $ billions and thousands of lives.  North Korea has again threatened to attack South Korea.  This problem stems from citizens of South Korea sending balloons over the border with religious tracts and messages. The signs are increasing.  Prepare now, by His grace and His love, for His soon return.  Send Liberty Magazine to your leaders.

IN MATTHEW 24, Jesus warned us of the signs and tribulation that would be seen before He returns.  That is what we are seeing now.  His coming is soon.  Signs of sin, suffering and trouble are everywhere.  President Obama and other leaders warn us every day of what may happen to the world economy.  All can lose everything.  Who will be blamed?  Who will be persecuted?  The Time of Jacob’s Trouble is for God’s people but He will save us just as He saved the Children of Israel out of Egypt.  Be faithful.  Let us finish His work by His grace. 


 
RELIGION AND POLITICAL POWER

Listed below are churches, United States Senators out of 100, U.S. Representatives out of 435, and the total each denomination has in both. Church Senate House Total

Catholic:  Senate 26;  House 135;  Total 161
Baptist:  Senate 8; House 58; Total 66
Methodist:  Senate 10; House 47;  Total 57
Presbyterian:  Senate 12; House 31; Total 43
Episcopalian:  Senate 6; House 32; Total 38
Jewish:  Senate 13;  House 32; Total 45
SDA: Senate 0;  House 2; Total 2


This just shows those which are politically powerful and how politically weak Adventists are. Most important, Adventists should be spiritually powerful as a praying, unified, Holy Spirit-filled people.


Matt 5:11_12

11 Blessed are ye, when men shall revile you, and persecute you, and shall say all manner of evil against you falsely, for my sake.

12 Rejoice, and be exceeding glad: for great is your reward in heaven: for so persecuted they the prophets which were before you.

"God does not prevent the plottings of wicked men, but He causes their devices to work for good to those who in trial and conflict maintain their faith and loyalty." (AA 574)


Matt 24:22

22 And except those days should be shortened, there should no flesh be saved: but for the elect's sake those days shall be shortened.

He can shorten the days and come when He wishes. We should finish our assigned work and not delay His return.

The problems of the world are affecting the people of God. The compassionate church must respond with love and those who are blessed with resources and assets must respond in love to those who are suffering.


Our brothers and sisters are among those who are losing jobs, losing unemployment compensation, losing homes to foreclosure, being evicted from housing, becoming homeless, losing health insurance, unable to pay tuition, and without hope.


Some are victims of religious discrimination. Those who cannot work any shift or have other work impediments due to religious convictions may be terminated first when layoffs are implemented. Racial minorities may also be among those first to suffer losses. The church must work to protect our members with all resources designed to protect from religious discrimination.


They should be encouraged to not resign even though no one wants to be fired. However, they may have more protection if they are fired due to not being available for work on Sabbath. Let the employer put that in writing.


Yes, persecution will come but we are not to welcome it. We can witness for Christ, sharing the truth of His Word as we challenge religious discrimination and publicize that challenge. Souls may be won by our faithfulness and resistance. God will bless and reward our faithfulness.


We must show concern and love. Encourage by sharing and praying. This is a ministry of love and faith. Hold on in the face of threats. Satan’s way will never work and he will never bless. Trust and obey our God of greatness and love.


The religious liberty leader in each church should plan for, at least, one religious liberty program, announcement, or service per quarter in cooperation with the pastor or personal ministries leader. Offerings should be received for sending Liberty magazine to thought leaders and other institutions. Work and pray.

 


United Nations Universal Declaration of Human Rights


Adopted and proclaimed by General Assembly resolution 217 A (III) of 10 December 1948

On December 10, 1948 the General Assembly of the United Nations adopted and proclaimed the Universal Declaration of Human Rights the full text of which appears in the following pages. Following this historic act the Assembly called upon all Member countries to publicize the text of the Declaration and "to cause it to be disseminated, displayed, read and expounded principally in schools and other educational institutions, without distinction based on the political status of countries or territories."

PREAMBLE

Whereas recognition of the inherent dignity and of the equal and inalienable
rights of all members of the human family is the foundation of freedom, justice and peace in the world,

Whereas disregard and contempt for human rights have resulted in barbarous
acts which have outraged the conscience of mankind, and the advent of a
world in which human beings shall enjoy freedom of speech and belief and
freedom from fear and want has been proclaimed as the highest aspiration
of the common people,

Whereas it is essential, if man is not to be compelled to have recourse, as
a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law,

Whereas it is essential to promote the development of friendly relations
between nations,

Whereas the peoples of the United Nations have in the Charter reaffirmed
their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to
promote social progress and better standards of life in larger freedom,

Whereas Member States have pledged themselves to achieve, in co-operation
with the United Nations, the promotion of universal respect for and observance
of human rights and fundamental freedoms,

Whereas a common understanding of these rights and freedoms is of the
greatest importance for the full realization of this pledge,

Now, Therefore THE GENERAL ASSEMBLY proclaims THIS UNIVERSAL DECLARATION OF HUMAN RIGHTS as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education
to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction.

Article 1.

All human beings are born free and equal in dignity and rights. They are
endowed with reason and conscience and should act towards one another in a spirit of brotherhood.

 

Article 18.

Everyone has the right to freedom of thought, conscience and religion; this
right includes freedom to change his religion or belief, and freedom, either
alone or in community with others and in public or private, to manifest his
religion or belief in teaching, practice, worship and observance.


SCROLL DOWN TO READ THE SPECIAL RELIGIOUS LIBERTY BULLETIN DATED AUGUST 11, 2008.  THIS IS VERY IMPORTANT FOR ANYONE EXPERIENCING RELIGIOUS DISCRIMINATION IN THE WORKPLACE.

THIS RECENT INFORMATION HAS ALREADY SAVED MANY JOBS. 

Religious Discrimination
            If your church or school has a problem securing a building permit or a zoning problem because you are a church or a nonprofit organiza­tion, or if there is any other type of discrimination because of an individual’s or group’s religion, con­tact your conference and union conference religious liberty directors.

Counsel when employment is threatened due to Sabbath observance:

 

1.  Contact your local church religious liberty leader.  He or she can assist with specific counsel, which will probably include getting a letter from your pastor explaining the issues of Sabbath observance and religious freedom in America.

 

2.  If the employer appears unreasonable and resists all requests for consideration, the local conference and union conference religious liberty leaders may be asked for assistance which will probably include filing a complaint with the Equal Employment Opportunity Commission. You may wish to visit their Web site at www.eeoc.gov. 

 

3.  If the EEOC is to get involved, they will need good records of what has happened, who has said what and when it was said, who witnessed what was said or done, what alternatives were suggested for solving the problem, and any other pertinent infor­mation such as actions taken by the employer to accommodate anyone else’s special request.

Counsel for churches which wish to sup­port religious liberty:

 

1.  Support the church religious liberty leader by allowing him or her to have ample time to promote religious liberty and liberty offerings.

 

2.  Each church should have at least one religious liberty day per year during the first quarter of each year.  A special sermon during divine worship, a special offering, and an afternoon seminar will be most appropriate.  Assistance from the local and or union conference religious liberty leaders is avail­able if needed.

 

3.  Additional religious liberty programs may con­sist of Sabbath afternoon, Sunday evening, or Wednesday night seminars at least one time each quarter.

 

4.  Your local conference or union conference reli­gious liberty leader will assist you in organizing a local church religious liberty association or several local churches may combine to organize such.

 

5.  When local civic or public officials excel in pro­viding a valuable service or leadership, it is appropriate to acknowledge this service with special recognition or awards.  It is important to build as many friendships as possible before they are needed. 

 

6.  There are many opportunities to serve the com­munity and those the community would love to see loved.  Much prayer leads to creativity and success.

 

7.  Use the press effectively, and develop a reputation of love, sacrifice, and compassion. 


If you have a problem relating to work on the Sabbath, contact your church religious liberty leader, pastor, conference, or union conference reli­gious liberty director.   Conduct yourself above reproach at all times. Others often know more than we realize about Seventh-day Adventist beliefs and will watch all aspects of your life.

 

            It is the little details in a case that are important to remember. At every step make detailed memos or notes of people, places, dates, times of meetings, conversations, incidents that may take place   Be sure that copies of all of these memos or notes are given to your religious liberty leader.  Keep your religious liberty leaders informed regarding all changes in your work status, phone numbers, and address.

The EEOC guidelines forbid an employer to ask a prospective employee any questions regarding availability to work on specific days, such as Friday nights and Saturdays, until the job has been offered.  You should not volunteer that information until the job is offered.

DO NOT QUIT YOUR JOB.  NEVER make a statement such as “I’ll quit my job before I will work on the Sabbath.” In some cases this has been construed to be a “voluntary quit.” Rather, if it is necessary, say, “I would have to move to a differ­ent position rather than work on the Sabbath.”

If you are coerced into signing a statement of resignation, or if you quit because an employer makes conditions unbearable, redress may still be available depending on the circumstances.

If you lose your job, file for unemployment compensation immediately.

If you have a problem regarding joining a labor union, contact your church religious liberty leader, pastor, conference, or union conference reli­gious liberty director.

RELIGIOUS LIBERTY BULLETIN # 0808


 

RELIGIOUS LIBERTY BULLETIN # 0808

CLARENCE E. HODGES MINISTRIES
Post Office Box 3695
Huntsville, AL 35810
E-mail:  clarencehodges@bellsouth.net

August 11, 2008

This bulletin is primarily for pastors and church religious liberty leaders of the South Central Conference but can be shared with anyone interested in this important subject. It should be treated as a supplement to the NAD Religious Liberty Manual.

This first page contains information which may be included in letters from pastors or religious liberty leaders which are intended to help employers see the reasons for accommodating religion in the workplace. The subsequent pages, 2 - 5 may be attached to the letter sent to the employer. Feel free to call your conference religious liberty director if you have questions or suggestions.

The information on religious discrimination is taken directly from the United States Government agency, The Equal Employment Opportunity Commission. See the Web site, www.eeoc.gov. It may be helpful to employers and employees in making decisions regarding religious freedom in the workplace in the United States.


This is very serious business in America where freedom is supposed to be free for everyone. This was reemphasized in June of 2007 when Todd Sturgill won a jury verdict against UPS in the Federal District Court in Fayetteville, Arkansas. Sturgill was fired by UPS when he refused to work on Saturday, the Sabbath, as observed by the Seventh-day Adventist Church. The award included punitive damages and was appealed by UPS. The Eighth Circuit U.S. Court of Appeals ruled in April of 2008 in favor of Todd Sturgill with UPS being ordered to pay Mr. Sturgill in excess of $100,000.00 and return him to his employment. It is hoped that sharing this information will help employees and employers avoid the stress and strain of litigation which can lead to managers losing their jobs for creating these problems involving failure to accommodate.


On July 22, 2008, the Equal Employment Opportunity Commission issued new directives in the form of a compliance manual to help employees, employers, and unions comply with the law and the concept of religious accommodation in the workplace. All the relevant information is included in this bulletin and the entire document can be viewed on the EEOC Web site.

 

 

The Equal Employment Opportunity Commission

Religious Freedom in the Workplace

 

Title VII of the Civil Rights Act of l964 prohibits employers from discriminating against individuals because of their religion in hiring, firing, and other terms and conditions of employment. Title VII covers employers with 15 or more employees, including state and local governments. It also applies to employment agencies and to labor organizations, as well as to the federal government.

 

Statistics

In Fiscal Year 2006, EEOC received 2,541 charges of religious discrimination. EEOC resolved 2,387 religious discrimination charges and recovered $5.7 million in monetary benefits for charging parties and other aggrieved individuals (not including monetary benefits obtained through litigation).

 

Under Title VII:

Employers may not treat employees or applicants more or less favorably because of their religious beliefs or practices - except to the extent a religious accommodation is warranted. For example, an employer may not refuse to hire individuals of a certain religion, may not impose stricter promotion requirements for persons of a certain religion, and may not impose more or different work requirements on an employee because of that employee's religious beliefs or practices.

Employees cannot be forced to participate -- or not participate -- in a religious activity as a condition of employment.

Employers must reasonably accommodate employees' sincerely held religious practices unless doing so would impose an undue hardship on the employer. A reasonable religious accommodation is any adjustment to the work environment that will allow the employee to practice his religion. An employer might accommodate an employee's religious beliefs or practices by allowing: flexible scheduling, voluntary substitutions or swaps, job reassignments and lateral transfers, modification of grooming requirements and other workplace practices, policies and/or procedures.

EEOC COMPLIANCE MANUAL


July 22, 2008


PURPOSE:
This transmittal covers the issuance of Section 12 of the new Compliance Manual on "Religious Discrimination". The section provides guidance and instructions for investigating and analyzing charges alleging discrimination based on religion.

 

 

SECTION 12: RELIGIOUS DISCRIMINATION

OVERVIEW[1]

This Section of the Compliance Manual focuses on religious discrimination under Title VII of the Civil Rights Act of 1964 (Title VII).[2] Title VII protects workers from employment discrimination based on their race, color, religion, sex, national origin, or protected activity. Solely with respect to religion, Title VII also requires reasonable accommodation of employees’[3] sincerely held religious beliefs, observances, and practices when requested, unless accommodation would impose an undue hardship on business operations.[4] Undue hardship under Title VII is defined as "more than de minimis" cost or burden -- a substantially lower standard for employers to satisfy than the ""undue hardship"" defense under the Americans with Disabilities Act (ADA), which is defined instead as "significant difficulty or expense."[5]

The prohibition on discrimination and the requirement of reasonable accommodation apply whether the religious views in question are mainstream or non-traditional, and even if not recognized by any organized religion. These protections also extend to those who profess no religious beliefs.[6]

C. Common Methods of Accommodation in the Workplace

Under Title VII, an employer or other covered entity may use a variety of methods to provide reasonable accommodations to its employees. The most common methods are: (1) flexible scheduling; (2) voluntary substitutes or swaps of shifts and assignments; (3) lateral transfer and/or change of job assignment; and, (4) modifying workplace practices, policies, and/or procedures.

1. Scheduling Changes

An employer may be able to reasonably accommodate an employee by allowing flexible arrival and departure times, floating or optional holidays, flexible work breaks, use of lunch time in exchange for early departure, staggered work hours, and other means to enable an employee to make up time lost due to the observance of religious practices.[167] However, EEOC’s position is that it will be insufficient merely to eliminate part of the conflict, unless eliminating the conflict in its entirety will pose an undue hardship by disrupting business operations or impinging on other employees’ benefits or settled expectations.

 

EXAMPLE 41 Blanket Policies Prohibiting Time Off for Religious Observance


A large employer operating a fleet of buses had a policy of refusing to accept driver applications unless the applicant agreed that he or she was available to be scheduled to work any shift, seven days a week. This policy violates Title VII to the extent that it discriminates against applicants who refrain from work on certain days for religious reasons, by failing to allow for the provision of religious accommodation absent undue hardship.[16

 

EXAMPLE 45 Lateral Transfer Versus Transfer to a Lower-Paying Position


An electrical utility lineman requests accommodation of his Sabbath observance, but because the nature of his position requires being available to handle emergency problems at any time, there is no accommodation that would permit the lineman to remain in his position without posing an undue hardship. The employer can accommodate the lineman by offering a lateral transfer to another assignment at the same pay, if available. If, however, no job at the same pay is readily available, then the employer could satisfy its obligation to reasonably accommodate the lineman by offering to transfer him to a different job, even at lower pay, if one is available.[180]

Schedule Changes

Employers should work with employees who need an adjustment to their work schedule to accommodate their religious practices.

Voluntary Substitutes or Swaps

An employer should facilitate and encourage voluntary substitutions and swaps with employees of substantially similar qualifications by publicizing its policy permitting such arrangements, promoting an atmosphere in which substitutes are favorably regarded, and providing a central file, bulletin board, group e-mail, or other means to help an employee with a religious conflict find a volunteer to substitute or swap.

Change of Job Assignments and Lateral Transfers

An employer should consider a lateral transfer when no accommodation which would keep the employee in his or her position is possible absent undue hardship. However, an employer should only resort to transfer, whether lateral or otherwise, after fully exploring accommodations that would permit the employee to remain in his position.

Permitting Prayer, Proselytizing, and Other Forms of Religious Expression

Employers should train managers to gauge the actual disruption posed by religious expression in the workplace, rather than merely speculating that disruption may result. Employers should also train managers to identify alternative accommodations that might be offered to avoid actual disruption (e.g., designating an unused or private location in the workplace where a prayer session or Bible study meeting can occur if it is disrupting other workers).

Employers should incorporate a discussion of religious expression, and the need for all employees to be sensitive to the beliefs or non-beliefs of others, into any anti-harassment training provided to managers and employees.

 

 

 

 

Employer Best Practices

Reasonable Accommodation - Generally

Employers should inform employees that they will make reasonable efforts to accommodate the employees’ religious practices.

Employers should train managers and supervisors on how to recognize religious accommodation requests from employees.

Employers should consider developing internal procedures for processing religious accommodation requests.

Managers and supervisors should be trained to consider alternative available accommodations if the particular accommodation requested would pose an undue hardship. When faced with a request for a religious accommodation which cannot be promptly implemented, an employer should consider offering alternative methods of accommodation on a temporary basis, while a permanent accommodation is being explored. In this situation, an employer should also keep the employee apprized of the status of the employer’s efforts to implement a permanent accommodation.

Employee Best Practices

 

Employees who seek to proselytize in the workplace should cease doing so with respect to any individual who indicates that the communications are unwelcome.

END OF EEOC WEB SITE EXCERPTS


NOTE: The above information regarding the Equal Employment Opportunity Commission was taken from the U.S. Equal Employment Opportunity Commission’s Web site, www.eeoc.gov. The full text of the new guidelines can be seen by anyone at that Web site. Those who have access to court rulings can also read one of the latest rulings involving religious discrimination where the Eighth Circuit U.S. Court of Appeals ruled in April of 2008 in favor of Todd Sturgill with UPS being ordered to pay Mr. Sturgill in excess of $100,000.00 and return him to his employment with no Friday night or Saturday work schedule. Mr. Sturgill had been terminated from employment at UPS because he refused to work on Saturday, the day observed as Sabbath by Seventh-day Adventists, some of the Jewish faith, and some other Christians such as Seventh-day Baptists. A jury trial in Federal District Court in Arkansas had earlier ruled it would have been reasonable for UPS to accommodate by giving Mr. Sturgill the Sabbath privileges he requested. In America, individuals must not be required to choose between their employer and their God. We can have both but we can worship only ONE.


Clarence E. Hodges

Servant
clarencehodges@bellsouth.net
www.cehodges.com

YOU ARE FREE TO COPY AND SHARE THIS BULLETIN WITH PERSONS WHO MAY NEED SUCH WHETHER EMPLOYEES OR EMPLOYERS.


END OF RELIGIOUS LIBERTY BULLETIN # 0808 


    
         
Title VII of the United States Civil Rights Act of l964 prohibits employers from discriminating against individuals because of their religion in hir­ing, firing, and other terms and conditions of employment. Title VII covers employers with 15 or more employees, including state and local govern­ments. It also applies to employment agencies and to labor organizations, as well as to the federal gov­ernment.

   

Under Title VII:

 

·          Employers may not treat employees or appli­cants more or less favorably because of their religious beliefs or practices — except to the extent a religious accommodation is warranted. For example, an employer may not refuse to hire individuals of a certain religion, may not impose stricter promotion requirements for persons of a certain religion, and may not impose more or different work requirements on an employee because of that employee's religious beliefs or practices.

 

·          Employees cannot be forced to participate — or not participate — in a religious activity as a condition of employment.

 

·          Employers must reasonably accommodate employees' sincerely held religious practices unless doing so would impose an undue hard­ship on the employer. A reasonable religious accommodation is any adjustment to the work environment that will allow the employee to practice his religion. An employer might accommodate an employee's religious beliefs or practices by allowing: flexible scheduling, voluntary substitutions or swaps, job reassignments and lateral transfers, modification of grooming requirements and other workplace practices, policies and/or procedures.

 

·          An employer is not required to accommodate an employee's religious beliefs and practices if doing so would impose an undue hardship on the employers' legitimate business interests. An employer can show undue hardship if accom­modating an employee's religious practices requires more than ordinary administrative costs, diminishes efficiency in other jobs, in­fringes on other employees' job rights or benefits, impairs workplace safety, causes co-workers to carry the accommodated employee's share of potentially hazardous or burdensome work, or if the proposed accommodation con­flicts with another law or regulation.

 

·          Employers must permit employees to engage in religious expression, unless the religious expres­sion would impose an undue hardship on the employer. Generally, an employer may not place more restrictions on religious expression than on other forms of expression that have a comparable effect on workplace efficiency.

 

·          Employers must take steps to prevent religious harassment of their employees. An employer can reduce the chance that employees will engage unlawful religious harassment by implementing an anti-harassment policy and having an effective procedure for reporting, investigating and correcting harassing conduct.

 

·          It is also unlawful to retaliate against an individ­ual for opposing employment practices that discriminate based on religion or for filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or litigation under Title VII.

 Statistics
 

            In Fiscal Year 2006, EEOC received 2,541 charges of religious discrimination. EEOC resolved 2,387 religious discrimination charges and recovered $5.7 million in monetary benefits for charging parties and other aggrieved individuals (not including monetary benefits obtained through litigation).

  Filing a Charge of Employment Discrimination

            Note: Federal employees or applicants for Federal employment should see Federal Sector Equal Employment Opportunity Complaint Processing.

 Who Can File a Charge of Discrimination?

            Any individual who believes that his or her employment rights have been violated may file a charge of discrimination with EEOC.

            In addition, an individual, organization, or agency may file a charge on behalf of another per­son in order to protect the aggrieved person's identity

 

How to File a Charge of Discrimination

            A charge may be filed by mail or in person at the nearest EEOC office.

Individuals who need an accommodation in order to file a charge (e.g., sign language interpreter, print materials in an accessible format) should inform the EEOC field office so appropriate arrangements can be made.

            Federal employees or applicants for employ­ment should see Federal Sector Equal Employment Opportunity Complaint Processing.

 Information Required for Filing a Charge

            The complaining party's name, address, and telephone number; the name, address, and telephone number of the respondent employer, employment agency, or union that is alleged to have discrim­inated, and number of employees (or union members), if known; a short description of the alleged violation (the event that caused the complaining party to believe that his or her rights were violated); and the date(s) of the alleged viola­tion(s).

            Federal employees or applicants for employ­ment should see Federal Sector Equal Employment Opportunity Complaint Processing.

 Time Limits for Filing a Discrimination Charge

            All laws enforced by EEOC, except the Equal Pay Act, require filing a charge with EEOC before a private lawsuit may be filed in court. There are strict time limits within which charges must be filed:

            A charge must be filed with EEOC within 180 days from the date of the alleged violation, in order to protect the charging party's rights.

            This 180-day filing deadline is extended to 300 days if the charge also is covered by a state or local anti-discrimination law. For ADEA charges, only state laws extend the filing limit to 300 days.

            These time limits do not apply to claims under the Equal Pay Act, because under that Act persons do not have to first file a charge with EEOC in order to have the right to go to court. However, since many EPA claims also raise Title VII sex discrimination issues, it may be advisable to file charges under both laws within the time limits indi­cated.

            To protect legal rights, it is always best to contact EEOC promptly when discrimination is suspected. Federal employees or applicants for em­ployment should see Federal Sector Equal Employment Opportunity Complaint Processing.
   Filing for Discrimination Outside the U.S.
             U.S.-based companies that employ U.S. citi­zens outside the United States or its territories are covered under EEO laws, with certain exceptions. An individual alleging an EEO violation outside the U.S. should file a charge with the district office closest to his or her employer's headquarters. How­ever, if you are unsure where to file, you may file a charge with any EEOC office.
You may contact the EEOC office by calling 1-800-669-4000.  They will give you the location of the office available to serve you, and they can answer some basic questions you may have.
 Visit the following Web sites for additional information regarding religious liberty and relevant issues:
 www.cehodges.com
 www.religiousliberty.info
 www.libertymagazine.org
 www.churchstate.org
  

    

 

 


 


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