Originally from Dispute Resolution Journal

Since the advent of Title VII of the Civil Rights Act of 1964, the traditional discretion of labor and management practitioners in the area of employment decisions has been seriously constrained. One such constraint is Title VM's mandate that employees be free from religious discrimination. In addition, the statute, as amended in 1972, requires that employers reasonablyaccommodate the religious preferences of employees.

While the constitutionality of Title Vll's accommodation requirement has not yet been determined by the Supreme Court, the courts are nevertheless engaging in a balancing process in which the religious needs of the individual are examined and considered in light of the legitimate interests of employers and labor organizations.

In this article, the author provides labor and management practitioners with some workable guidelines so they may better understand the concept of religious discrimination and the corresponding duty of accommodation under Title VII. In addition, unresolved policy issues are examined.