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To: Fury

The employers can test sincerity, blanket statements like “your church doesn’t believe that” won’t cut it.

29 CFR § 1605.1: In most cases whether or not a practice or belief is religious is not at issue. However, in those cases in which the issue does exist, the Commission will define religious practices to include moral or ethical beliefs as to what is right and wrong which are sincerely held with the strength of traditional religious views. This standard was developed in United States v. Seeger, 380 U.S. 163 (1965) and Welsh v. United States, 398 U.S. 333 (1970). The Commission has consistently applied this standard in its decisions. The fact that no religious group espouses such beliefs or the fact that the religious group to which the individual professes to belong may not accept such belief will not determine whether the belief is a religious belief of the employee or prospective employee. The phrase “religious practice” as used in these Guidelines includes both religious observances and practices, as stated in section 701(j), 42 U.S.C. 2000e(j).”

The fact that an employee didn’t always act in a manner consistent with the belief is not the legal standard either, as religious beliefs can change over time.


66 posted on 09/17/2021 10:10:27 AM PDT by TexasGurl24
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To: TexasGurl24
Thanks for the info.

The employers can test sincerity, blanket statements like “your church doesn’t believe that” won’t cut it.

They are coming pretty close to claiming that by means of this attestation.

70 posted on 09/17/2021 10:17:52 AM PDT by Fury
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