Since the founding of our country, there has always been an emphasis on an individual’s right to practice their own religion. After all, the first European colonists came to this land specifically to avoid religious persecution. Now, 250+ years later, the idea of freedom of religion that’s enshrined in the First Amendment continues to lead the way for modern laws addressing issues like education, housing, and employment.
So, what happens if you are discriminated against in the workplace for your religious practices? You have avenues of redress available to you. Contact an Orange religious discrimination lawyer at Employee Civil Rights Group today.
In Orange, religious discrimination in the workplace can take on many forms. Broadly speaking, it can refer to any action your employer takes based on your religion or religious practices that result in you being treated differently. This can be both overt acts like firing or demoting you, as well as subtle acts such as making comments about your dress or lifestyle.
Religious discrimination doesn’t always have to be detrimental to the employee. For example, if an employer selectively hires people who follow the Christian faith above others, they are also guilty of discrimination. Below are a few ways that discrimination can show up in the workplace:
Simply put, your employer is not allowed to base any decisions on an employee or prospective employee’s religion or lack thereof. This is discrimination, and it doesn’t matter whether their actions benefit you or disadvantage you.
If your employer or others in your workplace engage in conduct or use language regarding your religion that creates a hostile or intimidating workplace, this is harassment and is considered a form of discrimination.
Employers are required to provide “reasonable accommodations” for employees regarding their religious beliefs. For instance, a scheduling change could allow time for prayer, or a dress code modification could account for religious beliefs. If they refuse these accommodations, they are likely engaging in religious discrimination.
Although the overarching definition of religious discrimination is more or less the same across the country, it’s also important to answer the question, “What is religious discrimination in California?” since states will have their own laws in addition to federal regulations prohibiting this practice.
California Fair Employment and Housing Act (FEHA): The FEHA was passed in 1959 and has continued to protect Californians from unfair practices in the housing and job market ever since. In short, the law prohibits discrimination based on a “protected characteristic,” one of which is religion or creed. Other protected characteristics under this law include age, race, ancestry, sexual orientation, gender identity, medical condition, marital status, and disability.
The California Workplace Religious Freedom Act (CWRF), passed in 2012, expanded an employee’s rights to religious accommodations regarding grooming and dress unless the employer can show they would be under an “undue hardship” by doing so. Examples of this could be allowing men to grow out a beard even if the company policy is to shave, or allowing women to wear long skirts instead of pants if their religion discourages it.
Some other accommodations for religious beliefs that can be requested in the workplace include:
To ensure your religious rights are fully protected in the workplace, talk to an experienced Orange religious discrimination attorney who could guide you through the process and advocate on your behalf.
If you feel your religious freedom has been violated at work, contact a legal professional in Orange as soon as possible. They can help you figure out your next steps and ensure your interests are protected. This can be especially helpful if you’re hesitant to report the discrimination to your boss or human resources department for fear of retaliation. Your lawyer can help you report the illegal actions, gather evidence, and file a claim with the state to address it. You deserve to feel safe at your job and free from any discrimination based on your religion, and the same goes for job seekers as well.
If you believe you have been discriminated against either at your current job or during the application process while trying to obtain a job, you can and should take action to address this. Sit down with an Orange religious discrimination lawyer to discuss your options. Contact us at Employee Civil Rights Group.
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