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Encountering Religion in the WorkplaceThe Legal Rights and Responsibilities of Workers and Employers$
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Raymond F. Gregory

Print publication date: 2011

Print ISBN-13: 9780801449543

Published to Cornell Scholarship Online: August 2016

DOI: 10.7591/cornell/9780801449543.001.0001

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Employer Liability for Employee Acts of Religious Harassment

Employer Liability for Employee Acts of Religious Harassment

(p.91) 8 Employer Liability for Employee Acts of Religious Harassment
Encountering Religion in the Workplace

Raymond F. Gregory

Cornell University Press

This chapter examines an employer's liability for acts of religious harassment committed by an employee. According to Title VII, employers must maintain a discrimination-free work environment, a nonhostile environment free of acts of harassment, whether racial, national origin, sexual, or religious. Religious discrimination claims charging an employer with creating and maintaining a hostile work environment are tied to claims charging it with acts of harassment. This chapter considers the standards applied by the courts when trying to determine whether a work environment is sufficiently hostile or abusive to support a claim of religious harassment or hostile work environment. It discusses a number of relevant court cases, including those involving Sherry Kantar, Kenneth Weiss, Tammy Powell, Denora Sarin, and Albert Johnson. It shows that employers can insulate themselves from liability for their employees' harassing conduct by simply halting the harassment.

Keywords:   employers, liability, religious harassment, Title VII, religious discrimination, hostile work environment, court cases, Sherry Kantar, Kenneth Weiss, employees

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