Religious Discrimination

Religious Discrimination at Work

Religious discrimination in the workplace is not only unjust, but it is illegal under California and federal law. It occurs when an employer treats an employee unfairly based on their religious beliefs, practices, or even lack of belief.

What is Religious Discrimination at Work

Religious discrimination involves unfair treatment due to an individual’s religious beliefs, practices, or affiliations. This includes:

Religious creed (e.g., Christianity, Judaism, Islam, Buddhism, Hinduism)
Observances and practices (e.g., prayer, dietary restrictions)
Religious garments or grooming (e.g., hijabs, turbans)
Lack of belief (e.g., atheism, agnosticism)

Discrimination can also occur if an employer assumes your religious affiliation or treats you differently based on your spouse’s religion (associational discrimination). Understanding these elements is essential to recognizing when your rights are being violated.

Examples of Religious Discrimination at Work

Religious discrimination can manifest in various ways, each damaging in its own way. Common examples include:

Direct Discrimination: Refusing to hire or promote you because of your faith.
Indirect Discrimination: Enforcing policies that disproportionately affect certain religions (e.g., banning head coverings).
Harassment: Enduring offensive remarks, ridicule, or a hostile environment based on your beliefs.
Failure to Accommodate: Denying reasonable requests for prayer breaks, religious attire, or holiday observances.
Retaliation: Facing punishment or exclusion after requesting accommodations or reporting bias.

Laws Protecting Your Rights at Work

Federal Protections

Title VII of the Civil Rights Act of 1964: Applies to employers with 15 or more employees. It prohibits discrimination based on religion in hiring, firing, pay, and promotions and requires reasonable accommodations unless they cause undue hardship.

California Protections

Fair Employment and Housing Act (FEHA): Covers employers with 5 or more employees. It explicitly protects religious creed, observances, garments, and grooming practices, mandating accommodations with a higher standard than federal law.

California’s laws are among the strongest in the nation, ensuring that your faith does not limit your opportunities.

How to Protect Yourself if You Experience Religious Discrimination at Work

If you suspect religious discrimination, taking prompt action is essential. Follow these steps:

Document Incidents: Note dates, times, and specifics of each event. Retain emails, texts, Slack or Teams messages, or reviews that reveal bias. It is critical that you not only document everything but also keep a copy of everything for yourself. Save a copy of everything for yourself. If you use a work email, upon termination or constructive discharge, you will be immediately locked out of the system. So, it is important you have a copy of everything saved in real time. Do not wait until it is too late.
Request Accommodations: Submit your needs in writing to HR or your supervisor, specifying what you require and why.
Identify Witnesses: Ask coworkers if they observed or experienced similar treatment.
Report to Your Employer: Submit a written complaint through your company’s HR or complaint process.
File a Formal Complaint: Contact the California Civil Rights Department (CRD) within 3 years of the incident or the Equal Employment Opportunity Commission (EEOC) within 300 days for federal claims. An attorney can help you with filing these claims.
Consult an Attorney: An experienced attorney can guide you through the legal process and help secure your rights.

Time is critical, missing deadlines can weaken your claim.

Act Now to Secure Your Rights

Given the deadlines to bring these claims, it is important to act fast. California law provides powerful protections, and an experienced attorney can help you take action. Staggs Law is committed to protecting employee rights across California.

This is not legal advice and does not create an attorney-client relationship.