Abstract
In conclusion, foul is not fair. If discrimination is based on religious animus, it is prohibited by Title VII, regardless of whether the employer is acting on misperception or the truth. Backlash discrimination based on religion may not always be linked to an immutable trait that is irrelevant to employment. As such, the perception of an employee’s religious status may be the basis upon which the discrimination is founded. While the language of Title VII is ambiguous regarding perceived status, the purpose and logic of Title VII almost certainly prohibits religious discrimination based upon traits that are irrelevant to employment, whether or not the employer’s perception of that trait is accurate. Moreover, courts may recognize this distinction when faced with claims based on perceived religion without fear of creating a new class of employer liabilities.
Recommended Citation
Williams, Charity
(2008)
"Misperceptions Matter: Title VII of the
Civil Rights Act of 1964 Protects
Employees from Discrimination Based on
Misperceived Religious Status,"
Utah Law Review: Vol. 2008:
No.
1, Article 12.
Available at:
https://dc.law.utah.edu/ulr/vol2008/iss1/12