California Religious Discrimination Attorney
For many workers in California, faith and the exercise of religion are two of the most important aspects of life. Other workers may not hold strong religious beliefs or practice religion, yet remain committed to upholding the freedom of religion guaranteed under our laws.
Because of this, both the federal government and the state of California prohibit employers from discriminating against workers on the basis of religion. Unfortunately, religious discrimination in the workplace still happens frequently. At Justice Law Corporation, we know that sometimes the only way to get an employer to respect workers’ religious rights is to take legal action to hold the employer accountable. A California religious discrimination attorney can work to obtain compensation for past harm suffered by employees and to bring about change for all employees in the future.
The Different Ways Religious Discrimination Affects Workers in California
Discrimination can impact employees in many different ways. Sometimes, the effects are subtle but just as harmful. An employer’s conduct can be considered discrimination when the employer treats some workers better or worse than others because of a characteristic. Some discrimination is allowed, while other forms are illegal.
Employers are allowed to treat workers more favorably if they have more experience, or even for personal reasons, such as being friends of the company’s owner. What employers are not allowed to do is to treat some employees less favorably because of their religious beliefs or practices. This includes wearing certain clothing or jewelry or adopting a particular hairstyle.
Negative treatment that can constitute illegal discrimination includes:
- Terminating employment or cutting the hours of employees of a particular faith
- Denying a promotion because of religious expressions, including clothing
- Giving undesirable assignments or shifts
- Denying access to training programs or other pathways to career advancement
- Paying a lower rate or denying benefits such as insurance or profit sharing
- Harassing an employee because of religious practices or clothing
- Refusing to interview or hire applicants of a particular faith
- Giving a bad performance review because of religious beliefs rather than job performance
In addition, employers violate the law when they take action that retaliates against workers who stand up for their rights. When any of these negative employment actions is motivated by religious beliefs, practices, or expressions, they may constitute illegal discrimination, and a California religious discrimination attorney may be able to obtain compensation for employers harmed as a result.
Employers Must Provide Reasonable Accommodation
Federal and state laws require employers to make reasonable accommodations for an employee or job applicant when a work requirement conflicts with a belief or practice of the worker’s religion. An accommodation is an adjustment or exception that allows the employer to observe their religion. This might include modifying the employee’s schedule to allow them to participate in worship, changing work practices, reassigning the employee, or restructuring the employee’s job duties. California law does not allow an employer to keep the employee hidden from the public unless the employee requests that accommodation.
Employers are permitted to refuse to make a requested accommodation if they can demonstrate that the accommodation would impose an undue hardship. To do this, the employer needs evidence that the accommodation would cause economic harm.
An employer can also choose which accommodation to implement. For instance, if a worker wants to take Fridays off every week to attend religious services and proposes to work extra hours on other weekdays, the employer might instead choose to change the schedule so that the employee works on Saturdays in place of Fridays or that the employee works fewer hours each week and does not make up the hours missed on Fridays. An employer can also require all employees to work on certain religious holidays, such as Christmas, as long as employees are treated fairly.
Illegal Harassment
One common form of religious discrimination in the workplace is harassment. A supervisor is not allowed to harass employees on the basis of religious practices or beliefs, but the employer is also not supposed to allow harassment from co-workers, clients, vendors, or customers.
Harassment can take many different forms. It could be direct remarks or insults, but it can also be disguised as “fun.” Jokes about someone’s beliefs, practices, or appearance can be harassment. Posting offensive pictures or cartoons in the workplace can constitute harassment. While harassment may involve a pattern of offensive behavior, such as repeated jokes about a worker’s religious attire, a single incident may be enough to violate the worker’s rights if the harassment is severe. When harassment creates a hostile work environment in which employees cannot feel comfortable, employers are supposed to act to change the situation. If the problem is brought to their attention and they don’t take sufficient steps to improve matters, a California religious discrimination attorney can seek compensation and other remedies for employees who have suffered.
FAQs About Religious Discrimination in California
Religion is such a personal and important issue that it often triggers conflict in the workplace and extreme distress for employees who are subjected to discrimination. For that reason, workers frequently come to Justice Law Corporation with questions about their rights and legal options.
Here, we address some general questions we frequently receive. If you contact us directly for a free consultation, we can address the specific factors relevant to your situation.
What Laws Prohibit Religious Discrimination on the Job in California?
The primary federal law that prohibits employers from engaging in discrimination based on religious beliefs or practices is Title VII of the Civil Rights Act of 1964. In California, workers are also protected by the Fair Employment and Housing Act, which prohibits employers from discriminating on the basis of “religious creed.”
What Agencies are in Charge of Enforcing Laws Against Religious Discrimination in the Workplace?
At the federal level, the U.S. Equal Employment Opportunity Commission (EEOC) enforces anti-discrimination laws in the workplace. In California, the state’s anti-discrimination laws that protect workers are enforced by the California Civil Rights Department. Agencies at both levels can create regulations and issue guidance to explain how the anti-discrimination restrictions should be interpreted and applied.
What Qualifies as Religion or Religious Creed?
The federal Civil Rights Act defines religion to include “all aspects of religious observance and practice, as well as belief.” The EEOC has explained that the law protects “not only people who belong to traditional, organized religions, such as Buddhism, Christianity, Hinduism, Islam, and Judaism, but also others who have sincerely held religious, ethical or moral beliefs.” However, the belief must be a “bona fide religious belief” and courts considering the issue have deeply examined an employee’s motives for requesting an accommodation or claiming that their employer discriminated in other ways.
California regulations expand on the FEHA’s general anti-discrimination protections. These regulations define religious creed as “any traditionally recognized religion as well as beliefs, observances, or practices, which an individual sincerely holds and which occupy in his or her life a place of importance parallel to that of traditionally recognized religions.” Further, the regulations specify that all aspects of religious practice, belief, and observance are covered, including religious dress and grooming practices.
What Steps Should I Take if I’m Experiencing Discrimination Because of My Religion?
It is essential to understand what actions constitute illegal discrimination, including being subjected to unequal treatment, suffering harassment, and being denied reasonable accommodation. In addition, it is essential to collect evidence of the discrimination. Dig up records of communications with your employer, past performance reviews, and policy manuals. Take notes of any conversations you have had with supervisors or co-workers. Consider whether others in the workplace could serve as witnesses to the discrimination.
It can be difficult to accurately understand your rights and to collect the necessary evidence without assistance from a knowledgeable California religious discrimination attorney. For instance, you may need to access information that is not available without legal intervention, such as a subpoena.
How Can an Attorney Help if I’m Facing Religious Discrimination at Work?
A lawyer who has worked extensively to protect the rights of employees in the workplace can review the circumstances of your case, explain the instances where your employer has violated the law, and work to build a case demonstrating those violations. This includes collecting evidence, assessing the most effective course of action for seeking relief, and using the evidence to build persuasive arguments demonstrating how the laws have been violated and why you should receive particular remedies. Ultimately, an attorney could help you recover compensation for financial losses and emotional anguish. An attorney may also be able to help you gain specific relief, such as restoration of a position or benefits.
Get the Justice You Deserve When Your Employer Fails to Respect Your Religious Rights
Everyone is entitled to their own beliefs, and your employer is required to respect your rights when it comes to practicing the tenets of your faith. If you have been denied reasonable accommodation or suffered from harassment or unequal treatment because of your religion, now is the time to assert your rights and seek relief.
Talk to a dedicated California religious discrimination attorney at Justice Law Corporation to find out whether you may be eligible to receive compensation and other remedies because of the discriminatory actions of your employer. At Justice Law Corporation, we work on a contingency fee basis, so you pay nothing unless we recover for you. For a free consultation, call us at 818-230-7502 or contact us online now.