Post-Paris and San Bernandino: The EEOC Weighs In on Anti-Muslim Workplace Discrimination

In the wake of Paris and San Bernandino, the EEOC has issued new “Questions and Answers” for employers concerning workers who are, or are perceived to be, Muslim or Middle Eastern.  The agency issued companion questions and answers for employees.

 

It’s a timely topic as employers seek to protect all employees’ rights at a time when terrorism, workplace violence, and anti-Muslim rhetoric are the subject of headlines, viral social media posts, and water-cooler conversation.

 

The EEOC starts with the basics: an employer cannot discriminate based on religion, ethnicity, national origin, or race; must reasonably accommodate religious beliefs unless to do so would impose an undue hardship; and cannot retaliate for discrimination or harassment complaints.

 

The agency then provides hypothetical scenarios and guidance on hiring and employment decisions; harassment; religious accommodation and background investigations.

 

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