Title VII protects against religious discrimination in the work place.' The Free Exercise Clause of the First Amendment guarantees protection against governmental interference with one's religious practices and beliefs When alleging a Free Exercise violation, employees must demonstrate that government actions placed a substantial burden upon their religious beliefs or practices. The purpose of this note is to provide a general overview of the hoops a public employee must jump through when making a claim under the Free Exercise Clause and Title VII. This approach will demonstrate the uncertainty that prevails in dealing with an employee's right to practice their religious beliefs and the need for clearer guidelines and more effective protection from both Congress and the courts.
Robert F. Epperson Jr.,
Protecting the Rights of Public Employees under Title VII and the Free Exercise Clause,
61 Mo. L. Rev.
Available at: https://scholarship.law.missouri.edu/mlr/vol61/iss3/9