Congress enacted Title VII of the Civil Rights Act of 1964 (CRA) to provide statutory protection for employees against religious discrimination by certain employers. Among other things, Title VII generally prohibits employers from discriminating against employees on the basis of their religious beliefs and requires employers to make reasonable accommodations for employees' religious practices. However, certain religious organizations may be exempt from some of the prohibitions of Title VII. This report analyzes the scope of Title VII's prohibition on religious discrimination, exemptions for religious organizations, and requirements for accommodations. Title VII of the CRA prohibits discrimination in employment on the basis of race, color, religion, national origin, or sex. Scope of Protection for Religion and Religious Belief

Section 701 of Title VII defines religion to include 
all aspects of religious observance and practice, as well as belief, unless an employer demonstrates that he is unable to reasonably accommodate to [sic] an employee's or prospective employee's religious observance or practice without undue hardship on the conduct of the employer's business. If an employer discriminates based on a religious observance or practice that can be reasonably accommodated, the employer may be in violation of Title VII's prohibition on discrimination on the basis of religion. Furthermore, an employee cannot be required to participate in any religious activity as part of his or her employment. In addition to exempting employers with fewer than 15 employees, Title VII includes exceptions that allow certain employers to consider religion in employment decisions. Exemptions for religious organizations in the context of Title VII are not absolute. Once an organization qualifies as an entity eligible for Title VII exemption, it is permitted to discriminate on the basis of religion in its employment decisions. This constitutional "ministerial exception" reconciles Title VII with the First Amendment by allowing religious organizations to select clergy without regard to any of Title VII's restrictions yet requiring that employment decisions made regarding other positions within the organization comply with Title VII's requirements or exemptions. In order for these accommodations to be appropriate under Title VII, they must not cause undue hardship to the employer.
Title VII of the Civil Rights Act of 1964 prohibits discrimination in employment on the basis of race, color, religion, national origin, or sex. It prohibits employers from discriminating against employees on the basis of their religious beliefs and requires employers to make reasonable accommodations for employees' religious practices. Title VII defines religion broadly and relies on an individual's subjective understanding of his or her beliefs, which may result in broad protections for employees with sincerely held beliefs.
Congress has recognized that restrictions on employment decisions by religious employers may interfere with the employer's religious practice. As a result, Title VII includes exemptions for religious entities, allowing qualifying employers to consider religion in hiring decisions. Such an exemption allows the religious organization to hire individuals who share the same beliefs as the employer. However, Congress did not define which organizations would qualify for exemption from Title VII and courts have not established a definitive standard. If an organization does qualify for exemption and therefore is allowed to consider religion in employment decisions, it is not permitted to base employment decisions on other prohibited factors under Title VII.
In addition to prohibiting discrimination in employment decisions, Title VII requires employers to make reasonable accommodations for current employees' religious practices. Reasonable accommodations may include scheduling adjustments or reassignment to other comparable positions that would not interfere with the employee's religious exercise. The employer is not required to make such an accommodation, however, if doing so would pose an undue hardship on the employer's business or operations.
This report reviews the scope of Title VII's prohibition on religious discrimination and its exemptions for religious organizations. It analyzes which organizations may qualify for exemption and also explains the related constitutional protection known as the ministerial exception that often arises in the context of Title VII claims. Finally, the report examines Title VII's accommodations requirement, noting what accommodations may be required and which may be declined as an undue hardship to the employer.