Religion in the workplace in secular societies
by Ali Soylu*

The Civil Rights Act of 1964 protects among other things the religious liberties of people in the US. The Workplace Religious Freedom Act (WRFA) expands the right to religious expression in the workplace. According to the “father of economics,” Adam Smith, a society should “allow maximum scope for people to express their faith and engage in their religious practice in the workplace.” Bediüzzaman [“wonder of the age”] Said Nursi, an Islamic scholar, says, “I can live without bread and water, but I can’t live without freedom.” Freedom of religion is one of the fundamental rights thinkers such as those above insisted must be guaranteed to all by a government. Employers as well as the government continually attempt to establish the fine line between freedom of religion and the restraint of religious practice in the workplace. As the religious beliefs of employees become more diverse, this balancing act becomes ever more difficult. The increasing tolerance of once taboo subjects is another stumbling block for those of faith. Technology also serves as a source of confusion, where religious rights are concerned. The laws regarding religious freedom must continually be revisited and revised to keep up with changing modern society.

Modern society must seek to establish an environment in which individuals have the freedom to worship and observe their religious beliefs as they wish. While some believe that religion must be completely banned from public life, most people disagree. More than 80 percent of Turkish citizens and 70 percent of Americans support religion freedom in the workplace. The First Amendment of the US Constitution guarantees Americans two freedoms where religion is concerned: First, the right to be free from the imposition of any religion by the government, and second, the right to practice any religion they choose.

Problems with Turkey’s constitution

The 1982 constitution establishes Turkey as a secular state, and provides for freedom of belief, freedom of worship, and the private dissemination of religious ideas. But other constitutional provisions, regarding the integrity and existence of the secular state, restrict these rights. The Constitution prohibits discrimination on religious grounds. Government policy and practice contribute to the generally free practice of religion; however, state policy imposes some restrictions on religious groups and on religious expression in state offices and state-run institutions, including universities. The Higher Education Board (YÖK) recently lifted a ban on the wearing of the headscarf by observant Muslim women on campuses. Therefore we can say that there is relatively more religious freedom today on campuses than there was before. Human Rights Watch supports “lifting the current restrictions on headscarves in [Turkish] universit[ies], on the grounds that the prohibition is an unwarranted infringement on the right to religious practice. Moreover, this restriction of dress, which only applies to women, is discriminatory and violates their right to education, freedom of thought, conscience, religion and privacy.”

Worldwide, the first law addressing the issue of freedom of religion in the workplace was the Civil Rights Act of 1964 in the US. The act was later amended in 1972. Title VII of the act prohibits discriminatory practices in the hiring or firing of employees. The act requires employers to make reasonable accommodations where an employee’s religious beliefs are concerned, unless that accommodation will place an undue burden on the employer. Employers have a duty to accommodate the religious beliefs of their employees.

In 1840, Alexis de Tocqueville, in his “Democracy in America,” discussed the importance of religion’s influence on democracy. He claimed that religion holds not only spiritual benefits, but it also impacts the nation politically. He felt that religion placed a measure of restraint upon the excesses that democracy allowed to Americans. Religion allows people to regulate themselves in a state of true liberty without descending into anarchy. Tocqueville further stated that “religion, which never intervenes directly in the government of American society, should therefore be considered as the first of their political institutions.” Tocqueville also warned that “if religions are to be capable of maintaining themselves in democratic ages, it is not enough that they should simply remain within their spiritual sphere.”

A free society should always advance freedom of religion and should be free of harassment on the basis of religion. Harassment of this kind often occurs between coworkers. Those of a particular faith are targeted and harassed to the extent that a hostile work environment is created, although the harassment must be severe in order for it to fall into this category. The employer will be found responsible for the harassment if he or she had knowledge of it happening. The Society for Human Resource Management (SHRM) conducted a survey of human resources professionals in the US. The survey found the following: Six percent of Americans say they have too much religious freedom. Conversely, 26 percent say they have too little, while 31 percent of Americans claim that they have too little religious freedom in the workplace.

Looking at Western countries

In Western countries, Muslim women are generally allowed to wear hijab (headscarves), and Sikhs are allowed to wear their turbans in the workplace, in order to honor their religious traditions, unless doing so would present a bona fide risk of injury. Jewish men are, likewise, allowed to wear their kippah. There are several things that an employer can do in order to facilitate freedom religion in the workplace. Some companies have begun to hire chaplains to assist employees in times of crisis. One company, Tyson Foods, Inc., in the US, has hired 120 chaplains to serve employees in their food plants and offices.

As diversity increases all over the world, so does the number of people belonging to the Muslim, Hindu, Buddhist and other faiths we may meet in our workplaces. The greater diversity of religions in the workplace may call for more tolerance and flexibility, but it should not be a reason for totally cleansing the workplace of any religious items or ideologies. Employees who are allowed to be themselves and exhibit a reasonable amount of their religious commitment are happier, more productive employees. With a little effort, employers can accommodate religion in the workplace and enjoy a diverse workforce that can work together. It can be concluded that supporting freedom of religion in the workplace is the best approach for a company to take in order to maintain employee satisfaction.