HR Solutions: Discrimination based on origin on rise in workplace

Lynne Haggerman is president/owner of Haggerman & Associates, an employment, management training, human resources consulting and outplacement firm.

Since Sept. 11, 2001, the Equal Employ-ment Opportunity Commission is noting a significant increase in charges of religious and national origin discrimination. Individuals perceived to be Muslim, Arab, Sikh or South Asian file the majority of claims.

The health care industry, known for its diversity in the application and employment arenas, will have to pay attention to its responsibilities and policies.

Title VII of the Civil Rights Act of 1964 prohibits harassment and discrimination in any aspect of employment based on religion or national origin. Employers remain prohibited from retaliating against a team member for filing a charge, opposing a discriminatory practice or testifying, assisting or participating in an investigation. In addition, it is illegal to harass or discriminate against employees due to their association with a person or organization of a particular religion or ethnicity.

A medical clinic should take several steps to minimize liability. Ensure job advertisements and recruitment practices do not discriminate. Develop standardized interview questions to be sure religion and national origin will not be discussed. Confirm that supervisors do not use religion or national origin as a reason for selection decisions. Require managers to document nondiscriminatory reasons for not hiring candidates.

Create a policy prohibiting any religious clothing or hairstyles if either would violate an established safety standard. Sexual harassment policies should be expanded to include zero-tolerance for harassment based upon religion or national origin. Devise nondiscriminatory salary and raise systems, performance appraisal processes, and discipline and discharge procedures. Create a policy concerning usage of hospital facilities to guarantee equal access. Ensure all hiring managers receive yearly training regarding religious and national origin discrimination, harassment and retaliation. Place documentation of attendance in personnel files.

The law also requires employers to provide reasonable accommodation for sincerely held religious beliefs and practices. An exception occurs when an accommodation undermines a legitimate job requirement or imposes an undue hardship for the organization.

A hospital must ask if certain conditions will be met to ascertain undue hardship. What expense will be incurred? Will the accommodation result in a breach of a union collective bargaining agreement? Will a valid seniority system be violated? Will the accommodation require denying another medical staff member his shift and job preference?

Typical accommodations include flexible work schedules, time off and allowing associates to wear special religious clothing or hairstyles. For example, Muslims usually wear skull caps, turbans or head scarves. Men commonly grow beards. Muslims pray several times a day and must attend Friday midday services. Some Muslims might avoid sustained eye contact or decline to shake hands with members of the opposite sex.

Not all requests for religious accommodation must be honored. Medical organizations may reject applicants refusing pre-employment medical examinations following a conditional job offer. Terminating new hires refusing to supply Social Security numbers is permitted. Since safety is a major issue within health care institutions, hospitals may refuse to alter safety standards in order to accommodate religious clothing and hairstyles.