by Lalitha Subbaraman

Created on: August 09, 2011   Last Updated: March 03, 2012

"One of the amendments of the constitution  declares that congress shall make no law respecting an establishment of religion, or prohibiting the free exercise there of, or abridging the freedom of speech, or of the press, thereby guarding in the same sentence and under the same words, the freedom of religion,of speech, and of the press in so much that whatever violates either throws down the sanctuary which covers the others." - Thomas Jefferson

Religious freedom is the catalyst which inspired the founding fathers of America, searching for independence from England .One of the key, fundamental right guaranteed in the constitution is religious freedom.

Senator John Kerry(Democrat-( Massachusetts) and Rick Santorum (Republican-Philadelphia) introduced the Workers Religious Freedom Act known as 'WRFA'. This act prohibits religious discrimination in the workplace.

Employers deal with increasingly diversified workers who want to exercise their religious beliefs in their day-to-day work environment.

Striking a balance between employer's business interests and the employee's right to exercise his or her religious belief is an on-going balancing act.Sikhs believe in wearing turban along with the business suit.  Muslim women wear scarves as a a part of their business apparel. Religious Jews prefer having their beard. Some Jews and Christians prefer to have a holiday on the Sabbath day.

The act attempts to protect the minority of  employees'  religious belief without compromising the sanctity of the business interest of the employer.The employer should accommodate the employee's religious beliefs(hair style, clothing)  and flexible scheduling regarding work for religious holidays. The employer can refuse to acknowledge the employee's request based on the undue hardship for the company's business interest.

For many years, the Workers Religious Freedom Act remained as the bill without passage into law. It is gaining bi-partisan support . Senator Orrin Hatch(republican-Utah), former Senator Hillary Clinton supported the bill.

"Federal law requires employer reasonably accommodate employees' religious belief and practice, but courts have weakened that protection," Senator Hatch said.  "WRFA will restore the level of protection that the religious freedom deserves."

"The employer is going to have to jump a lot higher now" Robert W. Tuttle, a church-state legal expert at the George Washington Law school said.

Various religious groups are supporting the bill.

ACLU and Chamber of Commerce oppose the Workers Religious Freedom Act. They believe that it will clash with civil rights.

ACLU favors custom-tailored bill which strengthen the current federal law requirements to protect the minority of  workers' individual religious rights and beliefs .

According to the recent version of the Workers  Religious Freedom Act , the burden of proof will rely on the employer . The employer have to justify the reason for the refusal of the employees' request  to exercise his religious beliefs in the day-to-day work environment. The supporters of  the act recognize that this act will add additional burden for the business and the corporate culture. Will it pass  and become a law? Religious freedom of the minority  workers and the intrusion of religion in the corporate culture are two sides of a vital act.

sources:  www.rutherford institute.org
                en.wikipedia.org

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