Is it legal for an employer to ask, on the application, how you feel about prayer at staff meetings? (It's a church-affiliated hospital.)?

Unless the hospital can prove a bona fide occupational qualification (BFOQ), then it isn't legal. A BFOQ is an exception to Title VII of the Civil Rights Act of1964, which prohibits employment discrimination on the basis of religion. An example of such an exception is when a church requires that applicants be faithful to its religion.

For the hospital to prove a BFOQ, it must demonstrate the pervasiveness of religion within its work environment. Some questions that may need to be answered to prove a BFOQ: Is it a private or a public hospital? What are other manifestations of religion within the hospital?

Otherwise, an employer must be very careful to not violate Title VII when asking certain questions on the application and/or during the initial interview. The decision to hire you must be based upon your ability to perform the job, which may require you to attend staff meetings. Whether or not you feel comfortable praying is not a consideration for determining your qualifications for a position.

Assuming that the employer determines that you’re qualified and available to do the job, the issue of prayer in staff meetings can be addressed simply by providing you with a copy of company policy. You can then decide to accept the position or not, based upon your own comfort level. You can politely decline without giving your reasons.

If an employer asks why you’re declining, you can simply say that your reasons are personal, if you don’t feel comfortable explaining. By leaving the decision to you, the employer has not made a illegally pre-emptive hiring decision. See the link below for a sample list of illegal interview questions.

More examples may be found by entering the search terms, “legal interview questions. €? However, it's recommended that you consult an attorney who is familiar with Title VII and BFOQs, to ensure that you understand your rights when seeking any position.

For this particular employer, he may be able to find out if a BFOQ has been established. Respectfully, Shin.

If this is a church organization then they can. Remember seperation of church and state. They can ask these questions acording to the law.

I worked at a preschool where they did the same thing. They also only offered benefits to people who were members of the church. They have ways of getting around this stuff.

It is never illegal to ask questions, in fact I think that asking questions is what makes a good employee because they think everything through, hopefully you get the answer that you are looking for.

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