Religious discrimination in workplaces is more common than people want to admit. This could partly be because many people, especially employers, do not care about understanding the religious beliefs of others, particularly their employees. They use this lack of understanding as an excuse to avoid granting all their employees rights, mainly those who do not speak up. When a person whose religious holidays or observances are not accommodated in the workplace complains, no one seems to care about their rights.
The truth is that employers have a legal obligation to accommodate all their employees' religious beliefs. You are protected under federal and state law and can take action against your employer if you face discrimination.
Sadly, religious discrimination is a complex matter to understand, even for most employers. Our skilled attorneys at Sexual Harassment Attorney can offer the guidance and assistance you need to understand and fight for your rights. We handle all manner of workplace discrimination cases throughout California.
Your Workplace-Related Religious Rights
If you are religious, knowing your civil rights and the fact that they should be respected helps, even in your workplace. This includes observing some practices and honoring your religious holidays without feeling like you are pushing boundaries. Sadly, most religious people do not enjoy these rights, especially when their religious holidays are uncommon or fail to fall on a mainstream or big holiday. These people remain quiet to maintain peace in the workplace while their rights are infringed.
State and federal laws accommodate all civil rights, including religious rights. Even though it feels right not to ask for a holiday to observe your spiritual practice, you have a right to do so. Your employer must know about your beliefs and the different observances you need to honor so they can accommodate you in the working environment. The law, especially California law, strictly forbids employers from discriminating against or harassing an employee on religious grounds.
The Legal Definition of Religion
According to the Fair Employment and Housing Act, a religion is a belief, observation, or practice people sincerely hold. It is as essential to an individual as a traditional religion is to its followers. The Workplace Religious Freedom Act (2012) provides various aspects of a religious belief, which include the following:
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Grooming practices, including how members clothe themselves, the jewelry they use, whether they cover their face or head, and if they have a particular hairstyle
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Restrictions on what members can wear or not wear
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Some days are set aside when they must not work but rest
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Guidelines on how they must handle some prohibited products
The law also states that some philosophies, especially those with strict moral or secular beliefs, do not qualify as religion because they lack religious beliefs. For example, veganism is typically a moral or secular belief and not a religious belief. This means it does not enjoy the same protection as religious beliefs. You cannot cite religious discrimination if someone discriminates against you for being a vegan.
If an employer has any reservations regarding religious beliefs, they must inform their employees beforehand. For example, if a job requires a particular level of grooming or an employer does not accommodate some grooming practices, they must notify the employee during the hiring process. The employee can ask for more information or clarification, which will open a line of communication through which both parties can agree. Otherwise, it is unlawful for an employer to forbid some religious practices or observances in the workplace because that would amount to discrimination.
However, it is necessary for employees who want to exercise their religious freedom at workplaces to ensure that their demands do not bring any undue hardship on the employer or the job in general. Your accommodation should not inconvenience your colleagues or employer or cause problems with your work. Employers should also not compel employees to abide by particular religious beliefs as a condition for their employment.
The law exempts employers from persecution for religious discrimination if they can demonstrate that accommodating a particular employee or employee’s religious beliefs causes the workplace undue hardship or does any of the following:
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It imposes more burden on the employer or business or puts other employees at risk of potential hazard
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It infringes on the civil rights of other employees
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It decreases workplace efficiency or affects the employee’s performance
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It compromises the safety standards of the workplace
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It is too costly for the business
However, to enjoy this exemption, the employer must demonstrate that they sought alternative options to accommodate the employee’s religious observances with minimal success. For example, they can show that they excused the employee from duties that conflicted with their religious beliefs or allowed the employee to perform those duties later or by another employee. Suppose the employer has done their best to respect the religious rights of an employee without success. In that case, they can fire the employee, especially if there is a conflict between that employee’s religious beliefs and the job. Demonstrating that the employee’s demands put undue hardship on their workplace could result in a favorable resolution for the employer.
Thus, employees must consider the strength of their case before seeking legal redress if their religious rights are infringed in their workplace. You should be reasonable when seeking religious accommodation to ensure a conducive working environment. For example, you can make an exception to your religious appearance standards at your workplace or make them as reasonable as possible to avoid causing undue hardship to your colleagues, employer, and business.
On the other hand, employers must not segregate employees due to their religious beliefs or observances. For example, employees whose job description includes interacting regularly with clients must continue doing so even if their religious beliefs, grooming, or beliefs differ from those of regular clients. Forbidding them from interacting with the clients based on their dress or beliefs amounts to religious discrimination.
Remember that federal laws excuse employers from providing religion-based accommodations if it causes their business to suffer undue hardship. However, they can face prosecution under state law if they fail to prove how those accommodations will likely cause their business difficulty or significant expense. In most cases, attorneys rely on the Fair Employment and Housing Act to build a favorable defense for their clients because of their lack of limitation on damages. Additionally, this law applies to all businesses with at least five employees. The federal law applies to companies with at least fifteen employees.
For a favorable working environment and to avoid legal issues, employers should consider a reasonable way to accommodate their employee’s religious observances and beliefs. According to FEHA, an employer must allow employees to observe holy days and travel time for their religious observances and back to work. This means your employer must allow you to perform your duties later, if possible, or let another employee work on your tasks to avoid infringing on your rights.
In summary, workplace accommodation can include the following:
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Policy Modifications
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Job reassignments
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Workplace practices
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Flexible workplace schedules
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Voluntary shift substitutions or swaps
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Accommodating prayers
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Time off for employees to attend religious fellowships
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Day offs on holy days
How Religious Discrimination in Workplaces Occur
Federal and state laws prohibit workplace discrimination and harassment on various grounds, including religion. Discrimination occurs in multiple areas of a job, including the following:
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In earnings
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Hiring practices
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Terminations
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Fringe benefits
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Promotions
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Training
It is unlawful for an employer, supervisor, client, or coworker to discriminate against or harass another based on their religion. Religious discrimination and harassment in workplaces include severe and frequent harassment that makes the work environment hostile or offensive. It causes an employer to make adverse decisions that result in employment termination, demotion, or denied benefits. However, the statute is lenient regarding offhand comments, less severe or isolated incidents, and simple teasing.
Remember that state law provides more protection than federal law for those facing workplace discrimination or harassment on religious grounds. State law instructs employers to explore all reasonable alternatives to accommodate their employee’s beliefs and observances to avoid workplace discrimination lawsuits. For example, they can consider assigning an urgent task to another worker instead of ordering an employee to meet a strict deadline on their holy days or when they need a break to observe religious practices.
A Brief Explanation of the Undue Burden
Remember that employers are only obligated to provide religion-based accommodations for their employees as long as they do not cause undue stress on the employer, other workers, and the business. An employer is exempt from persecution if your demand or need for accommodation burdens your work, employer, or coworkers. However, the employer must demonstrate that accommodating your religious beliefs and observances caused an additional burden to them, the employee’s colleagues, or the business. Under state laws, this extra cost or difficulty must be significant for the employer to avoid persecution. A civil court judge handling your claim will consider the following:
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The nature and cost of religious accommodations you need from your employer or employment
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The impact of those accommodations on your job, employer, or coworkers, based on the business operations and the business's financial resources
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The business’ financial resources and its economic ability to accommodate your beliefs and observations
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How geographically separated your workplace is from your religious beliefs or observances.
Employers often do not meet the undue burden standard, particularly regarding dress and grooming standards. However, they can meet the burden if the religious accommodation presents genuine safety concerns. When legal standards are strict, civil matters mostly end up in civil courts for resolution.
Religious Organizations Exempt from Religious Discrimination Lawsuits
FEHA statutes on religious discrimination and harassment typically apply to all California employees. However, some employees, particularly those who run non-profit religious organizations, are exempt. This means that these organizations can refuse to hire workers with diverse religious beliefs as their organization without facing persecution. If you work for an organization like this and your religious beliefs change, the organization can legally terminate your contract based on your changed religious affiliations.
However, this exemption does not extend to religious institutions' public hospitals. Anyone can work in these healthcare facilities, regardless of their religious beliefs. The employer (managers of these public facilities) must also accommodate all employee’s diverse religious beliefs according to the law. Thus, if an employee from a different religious affiliation as the facility abstains from their duties to observe a holy day or religious activity, the employer must not take action against them as this could amount to discrimination.
Damages You Can Recover From a Religious Discrimination Lawsuit
If you suspect that your employer is discriminating against you or harassing you because of your religious beliefs, you must speak to a skilled harassment attorney. They will review your case and discuss the laws against workplace discrimination to determine its viability. If you have a solid case, your attorney can advise you to pursue it in civil court. This entails filing a lawsuit against your employer in a civil court, demanding compensation for the damages you have incurred due to their harassment or discrimination. It helps to understand the possible damages you can recover in such a lawsuit because you must include them in your claim.
The judge will review your claim and the evidence you present to determine the final ruling. If you incurred damages due to workplace-related religious discrimination or harassment, the judge will grant your claim. Depending on your evidence and your employer's defense, the judge can grant the full amount or lower or increase it.
If the judge determines the case is in your favor, they will grant your claim. This means you will be entitled to recover your damages from your employer. For example, if your employer terminated your contract due to your religious beliefs or made your working environment difficult, you can recover one or several months' compensation. The exact amount will depend on how many months you have been out of employment due to an unfair termination. In some cases, plaintiffs recover several years' worth of pay for the years they have been out of employment after an unfair termination.
You could recover other damages, like mental anguish or pain and suffering from your lawsuit. However, you need solid evidence to demonstrate these damages in your claim. If your employer did not terminate your employment but made your working environment unbearable, you deserve compensation for your pain, suffering, emotional distress, and the resulting illnesses. Some employees suffer significant humiliation and ridicule due to their unique religious beliefs, which develop into stress and depression. A skilled attorney can demonstrate this to ensure you receive full compensation for your suffering. You should recover enough damages to receive quality treatment for the resulting ailments, like stress, anxiety, and sleeplessness.
You also deserve compensation for the money you have spent pursuing compensation in a civil court. If you win against your employer, your attorney can demand full compensation for your attorney's fee and any other legal fees you have incurred in fighting for justice. This will ease your financial burden.
In some cases, judges award punitive damages, especially if there is proof of criminal or gross negligence in causing an employee’s damages. Your attorney can include these damages in your claim and demonstrate that your employer was fraudulent, malicious, or oppressive in failing to accommodate your religious beliefs and observances. In addition to increasing your damages, punitive damages caution employers against the same or similar behavior. Thus, civil court judges highly consider them, especially if they want to punish the employer for their actions or inactions.
Although you could settle the case out of court with your employer, it is unlikely that you will receive full compensation for your damages. Out-of-court settlements are usually quicker and less costly but do not work in all cases. For example, employment harassment and discrimination cases are best settled in a civil court. This is because they are usually subjected to confidentiality agreements, which is difficult to achieve in an out-of-court settlement. Additionally, most of the damages recovered in these cases do not involve a direct loss of finances.
In a civil court, the jury and the judge can consider various elements of the case to conclude the kind of settlement a plaintiff deserves in light of the evidence presented. This makes court settlements more effective in these cases.
Remember that you have to start working on your case immediately after your termination or once you discover workplace harassment or discrimination. This ensures you file all your paperwork within the given timelines under the statute of limitations. The timeline is usually one year after termination or discovery.
Find a Competent Employment Discrimination Attorney Near Me
Workplace discrimination and harassment take many forms. The good thing is that you can fight back and recover compensation for any damages incurred due to workplace discrimination or harassment. However, it is challenging to build a solid case, especially if you face religious discrimination in your workplace. If you need legal assistance in California, our skilled and experienced attorneys at Sexual Harassment Attorney can help.
We will review your case to determine its validity and the kind of evidence we need. Then, we can build a solid case against your employer and file it in a civil court. We will also defend your case and rights and fight for the compensation you deserve. Call us at 800-905-1856 to learn more about religious discrimination and our services.
