In addition to an obligation to reasonably accommodate an employee’s religious beliefs, employers have an obligation not to discriminate against employees or applicants because of their religious beliefs or practices. To be successful, a plaintiff bringing a disparate treatment claim must show “that she is, or was, treated less favorably than others because of her religious beliefs.” Mann v. Frank, 7 F.3d 1365, 1370 (8th Cir. 1993) (citing Int’l Bhd. of Teamsters v. United States, 431 U.S. 324, 335, n.15 (1977)); see also Brasch v. Peters, 479 F. Supp. 2d 1045, 1064 (E.D. Mo. 2007).
In Civil Rights Act of 1964 (Title VII), 42 U.S.C. §§ 2000e et seq. cases, courts generally apply the traditional disparate treatment burden-of-proof principles. Mann, 7 F.3d at 1370; Barding v. Bd. of Curators of Lincoln Univ., 497 F. Supp. 1013, 1021 (W.D. Mo. 1980) (burden of proof is identical to other Title VII disparate treatment claims). To establish a prima facie case of religious discrimination, the plaintiff must show that the plaintiff:
- had a bona fide religious belief that conflicted with an employment requirement
- informed the employer about the belief; and
- suffered an adverse employment action for failing to comply with the requirement
Ollis v. HearthStone Homes, Inc., 495 F.3d 570, 575 (8th Cir. 2007); Cruzan v. Special Sch. Dist., # 1...
