[Congressional Record Volume 149, Number 59 (Friday, April 11, 2003)]
[Senate]
[Pages S5352-S5353]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. SANTORUM (for himself, Mr. Kerry, Mr. Ensign, Ms. 
        Mikulski, Mr. Smith, Mrs. Murray, Mr. Hatch, Mr. Lieberman, Mr. 
        Brownback, Mr. Corzine, and Mrs. Clinton):
  S. 893. 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 Health, 
Education, Labor, and Pensions.
  Mr. SANTORUM. Mr. President, today I am pleased to join concerned 
colleagues, both Republicans and Democrats, as well as concerned 
citizens, including Christians, Jews, Muslims, and Sikhs among many 
other faiths. We come together in support of a simple proposition. 
America is distinguished internationally as a land of religious 
freedom. It should be a place where people should not be forced to 
choose between keeping their faith and keeping their job. That is why I 
am joining with Senators Kerry, Ensign, Mikulski, Smith, Murray, Hatch, 
Lieberman, Brownback, and Corzine in introducing the bipartisan 
Workplace Religious Freedom Act.
  This legislation provides a much needed, balanced approach to 
reconciling the needs of people of faith in the workplace. It 
recognizes that work and religion can be reconciled without undue 
hardship. Americans continue to be a religious people, many with a deep 
personal faith commitment. With this commitment comes personal 
religious standards which govern personal activity. For example, some 
Americans don't work on Saturdays, while others don't work on Sundays. 
Not because they're lazy or frivolous, but because their faith 
convictions call for a Sabbath day, requiring a day to be set aside as 
holy.
  Similarly, some Americans need to wear a skullcap to work, or a head 
covering, or a turban. As a Nation whose great strength rests in 
diversity, surely we can protect such diverse yet simple and 
unobtrusive expressions of personal faith. Surely we're generous 
enough, and respecting enough as a Nation, to support others in genuine 
expressions of their faith. I am particularly anxious for the religious 
minorities, for the Muslims and the Jews and the others who are very 
small in number but great in conviction. In our increasingly diverse 
society, many remain among us who still hold to ancient, heartfelt 
principles governed by a deep personal belief. I submit to you they 
deserve the decency of respect which includes our protection in 
preserving their peaceful religious expressions. This is a core 
principle which cannot be compromised, because it speaks to the essence 
of who we are as a people committed to preserving freedom. Religious 
freedom is best protected and maintained by respecting the diversity of 
religious traditions, especially minority religions. The tragedy of 
September 11, 2001 has reminded us that religious pluralism is one the 
great strengths of this country and an example to much of the world.
  In this land of religious freedom, one would hope that employers 
would spontaneously accommodate the religious needs of their employees 
whenever reasonable. That is, after all, what we do whenever possible 
here in Congress. For example, we don't conduct votes or hearings on 
certain holidays so that Members and staff can observe their religious 
holy days. While most private employers also extend this simple but 
important decency to their workers, some unfortunately do not.
  Historically, Title VII of the Civil Rights Act of 1964 was meant to 
address conflicts between religion and work. On its face it requires 
employers to ``reasonably accommodate'' the religious needs of their 
employees as long as this does not impose an ``undue hardship'' on the 
employer. The problem is that our Federal courts have essentially read 
these lines out of the law by ruling that any hardship is an undue 
hardship. This is not right, nor does it hold with the spirit of this 
great Nation which was founded as a refuge for religious freedom. Thus, 
a Maryland trucking company can try to force a devout Christian truck 
driver to take a Sunday shift. A local sheriff's department in Nevada 
can tell a Seventh Day Adventist that she must work a Saturday shift if 
she wants to continue working for them.
  The Workplace Religious Freedom Act will re-establish the principle 
that employers must reasonably accommodate the religious needs of 
employees such as these. This legislation is carefully crafted and 
strikes an appropriate balance between religious accommodation, while 
ensuring that an undue burden is not forced upon American employers. It 
is flexible and case-oriented on an individual basis. Thus, a smaller 
business with less resources and personnel would not be asked to 
accommodate religious employees in exactly the same fashion as would a 
large manufacturing concern.
  I am proud of the fact that this is a bipartisan effort. I am proud 
that this legislation is supported by such a broad spectrum of groups 
ranging from the Christian Legal Society, the Union of Orthodox Jewish 
Congregations, the

[[Page S5353]]

Southern Baptist Convention, the National Council of Churches, the 
North American Council for Muslim Women, the Sikh Resource Taskforce, 
the Seventh Day Adventist Church, the American Jewish Committee and 
many others.
  America is a great Nation because we honor not only the freedom of 
conscience--but also the freedom to exercise one's religion according 
to the dictates of that religious conscience. This liberty, known as 
the ``first freedom,'' is worthy of our continued vigilance. It should 
be supported from all quarters through religious accommodation in both 
the public and private sectors. This fundamental freedom is protected 
here in this legislation which re-establishes an appropriate balance 
between the demands of work and the principles of faith.
  Mr. KERRY. Madam President, I am extremely pleased to join with my 
colleague Senator Santorum today to introduce the Workplace Religious 
Freedom Act of 2003. Senators Ensign, Mikulski, Smith, Murray, Hatch, 
Lieberman, Brownback, and Corzine have all joined us as original 
cosponsors of this important legislation.
  The Workplace Religious Freedom Act would protect workers from on-
the-job discrimination related to religious beliefs and practices. It 
represents a milestone in the protection of the religious liberties of 
all workers.
  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 the weight to the 
religious accommodation provision 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 accounts from around the country about 
employers who will not make reasonable accommodations for employees to 
observe the Sabbath and other holy days, or for employees to wear 
religiously-required garb, such as a yarmulke, or for employees to wear 
clothing that meets religion-based 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 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.
  Even after September 11, 2001, with a heightened sense of religious 
sensitivity among the American people, securing greater protections for 
the religious needs of employees is a major issue. In October 2001, the 
U.S. Supreme Court refused to hear an appeal from a Muslim woman who 
was pressured by her employer to stop wearing her head scarf. We must 
come together now to pass this bipartisan legislation.
  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 common sense definition of undue hardship is used in 
the Americans with Disabilities Act and has worked well in that 
context.
  We have little doubt that this bill is constitutional because it 
simply clarifies existing law on discrimination by private employers, 
strengthening the required standard for employers. This bill does not 
deal with behavior by State or Federal Governments or substantively 
expand 14th Amendment rights.
  This bill is endorsed by a wide range of organizations including the 
Agudath Israel of America, American Jewish Committee, American Jewish 
Congress, Americans for Democratic Action, Anti-Defamation League, 
Baptist Joint Committee on Public Affairs, Bible Sabbath Association, 
B'nai B'rith International, Central Conference of American Rabbis, 
Christian Legal Society, Church of Scientology International, Council 
on Religious Freedom, Family Research Council, General Board of Church 
and Society The United Methodist Church, General Conference of Seventh-
day Adventists, Guru Gobind Singh Foundation, Hadassah--WZOA, Institute 
on Religion and Public Policy, The Interfaith Alliance, International 
Association of Jewish Lawyers and Jurists, International Commission on 
Freedom of Conscience, International Fellowship of Christians and Jews, 
Islamic Supreme Council of America, Jewish Council for Public Affairs, 
Jewish Policy Center, NA'AMAT USA, National Association of 
Evangelicals, National Conference for Community and Justice, National 
Council of the Churches of Christ in the U.S.A., National Council of 
Jewish Women, National Jewish Democratic Council, National Sikh Center, 
North American Council for Muslim Women, Presbyterian Church (USA), 
Rabbinical Council of America, Republican Jewish Coalition, Sikh 
Council on Religion and Education, Sikh Mediawatch and Resource Task 
Force, Southern Baptist Convention Ethics and Religious Liberty 
Commission, Traditional Values Coalition, Union of American Hebrew 
Congregations, Union of Orthodox Jewish Congregations, United Church of 
Christ Office for Church in Society, and United Synagogue of 
Conservative Judaism.
  I want to thank Senator Santorum for joining me to lead this effort. 
I look forward to working with him to pass this legislation so that all 
American workers can be assured of both equal employment opportunities 
and the ability to practice their religion.
                                 ______