Most employers know their workforce encompasses a wide range of different religions, and sometimes that results in unintended conflicts with the company's anti-discrimination and social media policies. What should an employer do if employees say things that are offensive toward certain groups or religions?

Frequently making offensive, unwelcome remarks about a person's religious beliefs or practices is harassment if it goes beyond simple teasing, one offhand comment or an isolated incident that isn't very serious, according to the U.S. Equal Opportunity Commission. For example, subjecting a Muslim co-worker to many disparaging jokes about terrorists would be harassment. Repeatedly using derogatory terms or mocking someone for a religious practice, like wearing a Star of David necklace or praying before eating lunch, would constitute harassment.

It's important to know that the First Amendment rights in the U.S. Constitution don't permit employees to say whatever they want. "This is a frequent misunderstanding," said Alyesha Dotson, an attorney with Littler in Seattle. "There is no right to free speech in private employment. It only stops federal or state government from interfering. It doesn't protect an employee in the private sector."

However, under the National Labor Relations Act, employees do have the right to discuss wages and the terms and conditions of employment. "The employer is not allowed to chill that discussion," Dotson said.

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