FILE A CLAIM WITH A WORKPLACE RELIGIOUS DISCRIMINATION ATTORNEY
The United States of America was founded on the belief that individual citizens should have the right to several liberties, including freedom of religion. While the country allows people to worship whatever they please, there is no shortage of individuals and employers discriminating based on faith.
Per federal law (Title VII of the Civil Rights Act) and California state law (Fair Employment and Housing Act), this is an illegal and unlawful practice. If you feel you’ve been discriminated against in the workplace because of your religious beliefs and practices, you have the legal right to pursue justice and compensation for the unlawful act.
WHAT IS RELIGIOUS DISCRIMINATION?
To accurately understand the definition of religious discrimination, it is essential to understand what religion is.
According to its definition, a belief is religious if it holds the place of religion in an individual’s belief system.
That means it must be meaningful, concern ideas like life, death, and purpose, and hold the place of a traditional “God.” Ultimately, whether a belief is considered religious depends on the person’s motivation for who owns it.
Religious discrimination is getting treated differently for your belief and practices. It can also happen among individuals for their lack of faith.
WHAT IS RELIGIOUS FREEDOM?
Religious freedom is a legal right that everyone has to practice the religion of their choice. It is a constitutional right, adopted as the first amendment and part of the Bill of Rights.
Amendment I
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”
These laws, policies, and regulations protect employees from religious discrimination in the workplace.
TYPES OF RELIGIOUS DISCRIMINATION
Religious discrimination in the workplace can take place in many different forms. All of the following are considered religious discrimination:
- An employer deals with an employee differently because of their religious affiliation.
- An employer makes job decisions (hiring, firing, transferring, demoting, etc.) based on religious affiliation.
- An employer refuses to hire people who do not hold the same religious beliefs as the founder.
- An employer knowingly allows harassment that creates an offensive, hostile or intimidating working environment for people of a particular religion.
- An employer fails to accommodate an employee’s religious beliefs or practices reasonably.
STEPS TO TAKE IF YOU’RE FACING RELIGIOUS DISCRIMINATION
If you are a victim of religious discrimination, you must understand what to do to protect your rights as an individual. Under no circumstances should this be tolerated, especially in one’s workplace. Read on for several steps you should take if you’re facing religious discrimination:
Confront an employer or coworker. Ask them why they engaged in a particular act or address that they made you feel uncomfortable after revealing your religious beliefs.
Report the incident immediately if they don’t listen. When you are experiencing differential treatment based on your faith, report it to a supervisor or HR. The harasser should be held accountable.
Determine the type of religious discrimination claim you’d like to bring against an employer. There are two basic types: filing against an employer for discriminatory treatment because of your religion. The second is filing against an employer for failing to accommodate you to practice your faith at work.
Gather crucial evidence to prove discrimination. Keep a detailed log if your employer admitted to treating you differently or you have concrete proof. For instance, an employer might have failed to provide workplace accommodations, withheld paychecks, adjusted your work schedule, or wrongfully terminated you.
File a claim with the Equal Employment Opportunity Commission (EEOC). If you are experiencing religious discrimination, don’t hesitate to reach out to our trusted team of employment attorneys in Los Angeles. We know and understand these cases very well and believe that no one should endure such unlawful behavior at their workplace. We will thoroughly explain the process if you’re facing religious discrimination to ensure that we can preserve the evidence needed for a successful case.
HIRE THE TRIAL LAWYERS OTHER ATTORNEYS CONSULT
Since 1998, The Law Offices of Mann & Elias have helped individuals just like you receive the benefits they deserve. We represent clients at every state and federal court system level.
When your religious discrimination case is in our hands, we hope to minimize the stress and concerns you might be going through at work. While there are thousands of lawyers to choose from, our success is rooted in:
- 50+ years of trial experience
- Excellent advocacy skills
- Intense preparation and research
- Quality care
WHY HIRE OUR FIRM?
We understand that dealing with such unlawful behavior is extremely difficult, which is why we take pride in representing victims of all workplace discrimination and harassment.
We represent clients in Los Angeles, Riverside, San Bernardino, Orange, San Diego, and Ventura counties and have helped clients recover over $18 million in settlements and verdicts. If you have been a victim of religious discrimination, contact us today for a free initial consultation at 323-866-9564 or email info@mannelias.com.
RELATED ARTICLES ABOUT AGE DISCRIMINATION
You have questions – we’ve got answers! Need more legal help? Check out a few of our legal articles below.
Reasonable Accommodation for Religious Beliefs
It is federally enforced that employers should accommodate their employees based on their religious beliefs. Therefore, if you are an employee suffering from a lack of accommodation at work, you are entitled to file a complaint formally. Under this mandate, you should be allowed to bypass work grooming requirements and arrange your workload so that you can adhere to your religious demands.
Your Rights Against Religious Discrimination
No matter what religion you practice or choose not to practice, you deserve to be treated with respect when you’re at work. Federal law and state law prohibit companies from making promotion, firing, or hiring decisions based on a person’s religious beliefs. You cannot be denied an employment opportunity, promotion, training, or any other kind of advancement because of your religion or non-religion.
Can My Employer Question My Religious Beliefs?
While it’s not illegal for a supervisor to question their employees’ religious beliefs, it could happen in specific circumstances. The best way to prevent questions about your faith is to clarify that you are religious early on and to adhere to your religious beliefs while on the job.
An employer can question your beliefs if:
- You act in a way that is inconsistent with your belief system
- The timing of your time-off request is questionable
Does My Coworker Have a Right to Proselytize at Work?
Everyone has the right to practice whichever religion they choose, and they also have the right to let it be known in their workplace without facing repercussions. However, proselytizing occurs when a coworker tries to convert another employee to the point of harassment. If the harassment is unwanted, frequent, and pervasive to your privacy, it may be against the terms and conditions of your employment.
FAQs ABOUT RELIGIOUS DISCRIMINATION
What Is Religion from A Work Standpoint?
A company or small business must accept all aspects of traditional religious practices and non-traditional practices. Examples of organized religions are Christianity, Islam, Judaism, Hinduism, and Buddhism. The Equal Employment Opportunity Commission (EEOC) views religion as a personal practice, which Title VII protects in the office.
As an Employee, What Can I Do to Avoid Religious Conflict?
Communication is crucial between employer and employee when it comes to practicing religion at work. It would be best to tell your employer about religious commitments immediately, whether you are applying for a job or are a full-time employee. Make it objectively clear. Doing so allows the company to plan and accommodate. Unclear requests may get denied or overlooked.
Who Enforces the Law?
The EEOC is responsible for making sure employees are protected against religious discrimination and lack of accommodation. Workplaces with 15 or more employees must adhere to their policies directly. Additionally, the California Fair Employment and Housing Act (FEHA) adds another protective barrier to allow employees liberty for religious grooming and dressing practices.
Can I Be Denied from Taking Time Off on Religious Holidays or Days of Worship?
Before you start a job, or from the moment your religious practice starts to interfere with work, you should let your employer know. Reach out to an attorney as a preventative measure to draft a request. Your employer is required to allow you time off unless it would impose a “hardship” on the company.
Can I Reschedule an Interview with An Employer on A Day of Worship?
Yes, you can ask an employer to reschedule your interview if it conflicts with your religion and religious needs. You have the option to disclose that it is interfering with your day of worship or say you have a long-standing conflict before requesting another date.