[Congressional Record Volume 140, Number 144 (Thursday, October 6, 1994)]
[Extensions of Remarks]
[Page E]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: October 6, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
            INTRODUCING THE WORKPLACE RELIGIOUS FREEDOM ACT

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                          HON. JERROLD NADLER

                              of new york

                    in the house of representatives

                       Thursday, October 6, 1994

  Mr. NADLER. Mr. Speaker, today, I am introducing the Workplace 
Religious Freedom Act of 1994. This legislation will overturn two key 
Supreme Court decisions which severely limited the rights of employees 
to be free from religious discrimination on the job.
  While title VII of the Civil Rights Act of 1964 prohibits 
discrimination in employment on the basis of religion and requires 
employers to reasonably accommodate an employee's religious practices 
provided that the accommodation did not impose an undue hardship on the 
employer's business.
  This anti-discrimination statute was designed to ensure that 
religious Americans not be forced to choose between their jobs and 
their religious obligations--such as observing the sabbath or other 
religious days, or wearing religiously mandated articles, and their 
jobs. Title VII struck a reasonable balance between the religious 
rights of working people and the needs of private business.
  Unfortunately, in two separate decisions, the Supreme Court upset 
this delicate balance. In Trans World Airlines v. Hardison, 432 U.S. 63 
(1977), the Supreme Court held an undue burden to be anything more than 
a de minimis cost to the employer. This ruling effectively relieved 
employers of any meaningful obligation to accommodate the religious 
practices of their employees.
  In a second opinion, Ansonia Board of Education v. Philbrook, 479 
U.S. 60 (1986), the Supreme Court held that ``any reasonable 
accommodation by the employer is sufficient to meet the obligation to 
accommodate'' and that the employer could refuse to consider reasonable 
alternatives which would be less onerous to the employee. As a result, 
employers can lawfully offer to accommodate religious employees in ways 
which unnecessarily rob them of employment benefits.
  The Workplace Religious Freedom Act restores the requirement that 
employers make a real and commonsense effort to accommodate the 
religious practices of working people. Like the Americans with 
Disabilities Act, it defines ``undue hardship'' as an action requiring 
a significant difficulty or expense. Employers should not be unduly 
burdened, but they should take reasonable steps to allow people of all 
faiths to earn a living.
  This legislation also makes clear that if a reasonable, not unduly 
burdensome means of accommodating the employee exists, the employer 
cannot choose an alternative solution to the problem which proves more 
burdensome on the employee.
  Accommodating the religious practices of employees is fair, 
reasonable, good business sense, and entirely feasible in the 
workplace. Even federal workers are permitted to adjust their work 
schedules to obtain compensatory time off for religious observances 
such as the sabbath or other religious days. Even members of the United 
States armed forces who are required to wear uniforms may wear 
religious articles which diverge from military dress codes. Shouldn't 
the working men and women of this country have at least the same rights 
on their jobs as do Federal workers and soldiers?
  Mr. Speaker, the Workplace Religious Freedom Act restores the balance 
between the needs of business and the rights of working Americans. No 
one should ever have to choose between the right to religious freedom 
and the right to earn a living. This country was founded by people 
seeking religious liberty. The Workplace Religious Freedom Act is in 
that proud tradition.

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