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10/18/2015 1 RELIGIOUS ACCOMMODATION
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10/18/2015 2 OVERVIEW Definition Regulations and laws Elements of discrimination Religious practices Prevention of religious discrimination Processing complaints
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10/18/2015 3 RELIGIOUS DISCRIMINATION Any action, intended or unintended, that unlawfully or unjustly results in unequal treatment of persons or groups based on religion and which distinctions are not supported by legal or rational considerations.
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10/18/2015 4 DOD POLICY ON FREEDOM OF RELIGIOUS PRACTICES Laws and regulations Title VII of the civil rights act of 1964 DOD directive 1300.17 AR 600-20
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10/18/2015 5 TITLE VII Title VII of the civil rights act of 1964 prohibits employment discrimination based on religion.
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10/18/2015 6 FEDERAL COURTS, RELIGION AND THE MILITARY The Federal courts have maintained that commanders and military regulations can have greater authority than individual rights and conscience when the military mission is involved.
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10/18/2015 7 FEDERAL COURTS, RELIGION AND THE MILITARY Parker v. Levy (1974) United States v. Seeger (1965) Anderson v. Laird (1972) Goldman v. Weinberger (1986)
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10/18/2015 8 FEDERAL COURTS, RELIGION AND THE MILITARY Parker v. Levy (1974) United States v. Seeger (1965) Anderson v. Laird (1972) Goldman v. Weinberger (1986)
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10/18/2015 9 DOD DIRECTIVE 1300.17 Places a high value on the rights of service members to observe the tenets of their respective religion Policy is that commanders should accommodate religious practices when accommodation will not have an adverse impact on mission readiness, safety, unit cohesion or discipline
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10/18/2015 10 ARMY REGULATION 600-20 It is the Army's policy to approve requests for accommodation of religious practices when, they will not have an adverse impact on discipline, or otherwise interfere with the performance of the soldier's military duty. However, accommodation of a soldier's religious practices cannot be guaranteed at all times.
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10/18/2015 11 ELEMENTS OF RELIGIOUS DISCRIMINATION Religious jokes Avoidance Religious slurs Stereotyping Compulsory services Lack of concern Exclusionary prayer Not making arrangements to provide alternate services Discounting the religious beliefs of others
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10/18/2015 12 Religious practices that can conflict with military duties.
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10/18/2015 13 RITUALS n n The ritual is one of the oldest, most complex, and persistent symbolic activities associated with religion and can take two forms: n n Designated days n n Prayer style
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10/18/2015 14 DRESS AND APPEARANCE Religious symbols are often a part of religious rituals. Two types: Visible Invisible
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10/18/2015 15 DIET ISSUES n n IMPACT ON UNIT
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10/18/2015 16 MEDICAL ISSUES Religious tradition may include the belief in healing through faith or prohibition of foreign substances into the body. This can conflict with overseas movement and deployment status.
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10/18/2015 17 WHEN RELIGIOUS DISCRIMINATION OCCURS Impacts on unit mission Impacts on individual
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10/18/2015 18 STRATEGIES FOR REDUCING OR PREVENTING RELIGIOUS DISCRIMINATION Ensure awareness Inform the chain of command Suggest a compromise Help chain of command understand Stress the importance of faith
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10/18/2015 19 COMPLAINTS Resolve at lowest level within the chain of command. Persons involved should be: Complainant Commander Chaplain EOA/EOR
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10/18/2015 20 INFORMATION INCLUDED WHEN REQUESTING RELIGIOUS ACCOMMODATION n Religious group affiliation. n Leader or members of the group. n Persons with knowledge of religious practices. n Type of accommodation requested. n Acknowledgment that accommodation is only for current unit and commander. n Statement by chaplain.
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10/18/2015 21 SUMMARY Definition Regulations and laws Elements of discrimination Religious practices Prevention of religious discrimination Processing complaints
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