privacy workplace religion
Can your workplace ask you personal details about your religion and sub-beliefs from religion in the US?
<p>Not much other than the question.   Can a workplace for example ask if you are Catholic, Muslim, Jewish, Jehovah's Witness via survey... and then sub-questions based on your answers?   I want cases and law not yes/no with &quot;I have seen this&quot;.</p>

<p>It's sort of a toss-up. <a href="https://www.eeoc.gov/pre-employment-inquiries-and-religious-affiliation-or-beliefs" rel="nofollow noreferrer">EEOC</a> says that &quot;Questions about an applicant's religious affiliation or beliefs (unless the religion is a bona fide occupational qualification (BFOQ)), are generally viewed as non job-related and problematic under federal law&quot;. They also state that (excluding positions with religious exemptions, like hiring a Catholic priest) &quot;Other employers should avoid questions about an applicant's religious affiliation, such as place of worship, days of worship, and religious holidays and should not ask for references from religious leaders, e.g., minister, rabbi, priest, imam, or pastor&quot;. This reflects the standards by which they will make a finding of forbidden religious discrimination.</p>
<p>The actual statutory law, <a href="https://www.law.cornell.edu/uscode/text/42/2000e-2" rel="nofollow noreferrer">42 USC 2000e-2</a> does not prohibit asking questions about religion, instead it says</p>
<blockquote>
<p>(a) It shall be an unlawful employment practice for an employer— (1)
to fail or refuse to hire or to discharge any individual, or otherwise
to discriminate against any individual with respect to his
compensation, terms, conditions, or privileges of employment, because
of such individual’s race, color, religion, sex, or national origin;
or (2) to limit, segregate, or classify his employees or applicants
for employment in any way which would deprive or tend to deprive any
individual of employment opportunities or otherwise adversely affect
his status as an employee, because of such individual’s race, color,
religion, sex, or national origin.</p>
</blockquote>
<p><a href="https://www.ecfr.gov/current/title-29/subtitle-A/part-38/subpart-A" rel="nofollow noreferrer">29 CFR Part 38 Subpart A</a> does not specifically prohibit asking questions. Although many labor-law web sites and HR advice firms state that asking questions is illegal, DoL and EEOC do not specifically declare categorical illegality. The fact of asking some question might constitute partial evidence for a finding of religious discrimination. So no court has held that it is flatly illegal for an employer to ask a question about religion.</p>
<p>The case of <a href="https://www.supremecourt.gov/opinions/14pdf/14-86_p86b.pdf" rel="nofollow noreferrer">EEOC v. Abercrombie &amp; Fitch</a>, which did find discrimination, gives you the required elements for a finding of religious discrimination. There is simply no &quot;don't ask&quot; cause of action. Asking might be evidence to support a claim of disparate treatment based on religion. The rule is: &quot;An  employer  may  not<br />
make an applicant’s religious practice, confirmed or otherwise, a factor  in  employment  decisions&quot;.</p>
<p>I have found no cases where <a href="https://www.eeoc.gov/selected-list-pending-and-resolved-cases-alleging-religious-and-national-origin-discrimination" rel="nofollow noreferrer">EEOC found illegal discrimination</a> based exclusively on the fact of asking questions about religion.</p>
