H.R.5233 - Workplace Religious Freedom Act of 1994103rd Congress (1993-1994)
|Sponsor:||Rep. Nadler, Jerrold [D-NY-8] (Introduced 10/06/1994)|
|Committees:||House - Education and Labor|
|Latest Action:||10/26/1994 Referred to the Subcommittee on Select Education and Civil Rights. (All Actions)|
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Summary: H.R.5233 — 103rd Congress (1993-1994)All Bill Information (Except Text)
Introduced in House (10/06/1994)
Workplace Religious Freedom Act of 1994 - Amends the Civil Rights Act of 1964 to modify the definition of "religion" to include all aspects of religious observance, practice, and belief unless an employer demonstrates that it is unable to reasonably accommodate an employee's or prospective employee's religious observance or practice without undue hardship on the conduct of the employer's business (as under current law) after initiating and engaging in an affirmative and bona fide effort.
Provides that an accommodation by the employer shall not be deemed to be reasonable if: (1) such accommodation does not remove the conflict between employment requirements and the employee's religious observance or practice; or (2) the employee demonstrates to the employer the availability of an alternative accommodation less onerous to the employee that may be made by the employer without undue hardship on the conduct of the employer's business and the employer refuses to make such accommodation.
Specifies that it shall not be a defense to a claim of unlawful employment practice for failure to provide a reasonable accommodation that such accommodation would be in violation of a bona fide seniority system if, in order for the employer to reasonably accommodate such observance or practice: (1) an adjustment is made in the employee's work hours (including an adjustment that requires the employee to work overtime to avoid working at a time that abstention from work is necessary to satisfy religious requirements), shift, or job assignment that would not be available to any employee but for such accommodation; or (2) the employee and any other employee voluntarily exchange shifts or job assignments or make some other arrangement.
Defines "undue hardship" as an action requiring significant difficulty or expense (taking into account the identifiable cost of the accommodation in relation to the size and operating cost of the employer and the number of individuals who will need a particular accommodation to a religious observance or practice).
Specifies that an employer shall not be required to pay premium wages for work performed during hours to which such premium wages would ordinarily be applicable if work is performed during such hours only to accommodate religious requirements of an employee.