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The exception applies only to employees who perform essentially religious functions, namely those whose primary duties consist of engaging in church governance, supervising a religious order, or conducting religious ritual, worship, or instruction.Some courts have made an exception for harassment claims where they concluded that analysis of the case would not implicate these constitutional constraints. What is the scope of the Title VII prohibition on disparate treatment based on religion?Religious harassment in violation of Title VII occurs when employees are: (1)required or coerced to abandon, alter, or adopt a religious practice as a condition of employment (this type of quid pro quo harassment may also give rise to a disparate treatment or denial of accommodation claim in some circumstances); or (2)subjected to unwelcome statements or conduct that is based on religion and is so severe or pervasive that the individual being harassed reasonably finds the work environment to be hostile or abusive, and there is a basis for holding the employer liable.

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It also prohibits retaliation against persons who complain of discrimination or participate in an EEO investigation.

With respect to religion, Title VII prohibits: The following questions and answers were adapted from EEOCs Compliance Manual Section on Religious Discrimination, available at https://gov/policy/docs/religion.html, which contains more detailed guidance, legal citations, case examples, and best practices. Title VII protects all aspects of religious observance and practice as well as belief and defines religion very broadly for purposes of determining what the law covers.

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