[Congressional Record Volume 142, Number 125 (Thursday, September 12, 1996)]
[Senate]
[Page S10428]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. KERRY:
  S. 2071. A bill to amend title VII of the Civil Rights Act of 1964 to 
establish provisions with respect to religious accommodation in 
employment, and for other purposes; to the Committee on Labor and Human 
Resources.


                  the workplace religious freedom act

 Mr. KERRY. Mr. President, I am proud today to introduce the 
Workplace Religious Freedom Act of 1996. This bill would protect 
workers from on-the-job discrimination. It represents a milestone in 
the protection of religious liberty, assuring that all workers have 
equal employment opportunities.
  In 1972, Congress amended the Civil Rights Act of 1964 to require 
employers to reasonably accommodate an employee's religious practice or 
observance unless doing so would impose an undue hardship on the 
employer. This 1972 amendment, although completely appropriate, has 
been interpreted by the courts so narrowly as to place little restraint 
on an employer's refusal to provide religious accommodation. The 
Workplace Religious Freedom Act will restore to the religious 
accommodation provision the weight that Congress originally intended 
and help assure that employers have a meaningful obligation to 
reasonably accommodate their employees' religious practices.
  The restoration of this protection is no small matter. For many 
religiously observant Americans the greatest peril to their ability to 
carry out their religious faiths on a day-to-day basis may come from 
employers. I have heard examples from around the country about a small 
minority of employers who will not make reasonable accommodation for 
observance of the Sabbath and other holy days; for employees who must 
wear religiously required garb, such as a yarmulke; or for clothing 
that meets modesty requirements.
  The refusal of an employer, absent undue hardship, to provide 
reasonable accommodation of a religious practice should be seen as a 
form of religious discrimination, as originally intended by Congress in 
1972. And religious discrimination should be treated fully as seriously 
as any other form of discrimination that stands between Americans and 
equal employment opportunities. Enactment of the Workplace Religious 
Freedom Act will constitute an important step toward ensuring that all 
members of society, whatever their religious beliefs and practices, 
will be protected from an invidious form of discrimination.
  It is important to recognize that, in addition to protecting the 
religious freedom of employees, this legislation protects employers 
from an undue burden. Employees would be allowed to take time off only 
if their doing so does not pose a significant difficulty or expense for 
the employer. This commonsense definition of undue hardship is used in 
the Americans with Disabilities Act and has worked well in that 
context.
  I believe this bill should receive bipartisan support. It has been 
endorsed by a wide range of organizations including the American Jewish 
Committee, the Baptist Joint Committee, the Christian Legal Society, 
and the Jewish Community Relations Council of Greater Boston.
  As the Jewish high holidays and eventually Christmas approach, I feel 
strongly that workers should not have to worry that they will be 
prohibited from choosing to take time off from work to observe a 
religious holiday. I urge this body to pass this legislation so that 
all workers can have equal employment opportunities and practice their 
religion.

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