1. Workplace Discrimination
  2. How to Prove Religious Discrimination

How to Prove Religious Discrimination

Recognizing Religious Discrimination in the Workplace

The law forbids discrimination, including religious discrimination, when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoffs, training, fringe benefits, and any other term or condition of employment.

The simplest form of direct discrimination is when an employer takes unfair action against an employee because of religion. Typical examples include:

  • Firing an employee because of his/her religion
  • Refusing to hire an applicant because of his/her religion
  • Refusing to promote an employee because of his/her religion
  • Paying an employee less because of their religion.

There is also indirect religious discrimination when an employer sets rules that relate to everyone, but which is a disadvantage to employees who follow certain religions or beliefs.

For example, an employer could indirectly discriminate if it:

  • Requests a dress code that excludes people who due to their faith wear specific items of clothing.
  • Unfairly setting up work schedules which stop employees from taking time off work to respect a religious observance
  • Unfairly banning of the wearing of particular religious items, like the symbolic bracelet worn by Sikh men.

The key word above is ‘unfairly’. It’s lawful to have rules in the workplace, even those that may unintentionally exclude certain faiths providing they are reasonable and justifiable.

How to Prove Religious Discrimination

It is never easy to prove discrimination as you must show that your treatment at work is different due to your religion. Because evidence is difficult to obtain it is important to keep a record yourself of when discrimination has taken place.

To prove that your religious attire has led to you being discriminated, you have to be able to show three things and these are:

  • You are sincere to your religion which requires you should be dressed in a precise way.
  • Your employer (or potential employer) has told you that the wearing of religious attire conflicts with the job requirement and as a result you informed the employer (or potential employer) of that conflict and
  • you were dismissed, disciplined or refused a job because you would not remove the religious attire.

As soon as you have shown you have evidence to prove the discrimination your employer or potential employer is required to show that through good faith it made the effort to accommodate your religious belief i.e., to seek a way that would allow you to keep on religious attire and stay in your job or if it allowed you to wear the attire it would create “undue hardship” to the operation of its business.

However, the employer cannot give reasons not to let an employee wear religious attire because there would be a negative reaction from customers is not sufficient to show “undue hardship.”

For example, if a potential employer does not want a Muslim woman to wear a Muslim headscarf because it would be bad for business is not showing undue hardship but is in fact showing discrimination which is unlawful.

If you have evidence to prove your employer has discriminated against you because of your religion, including wearing religious attire, or refusing to offer any sort of accommodation for your religious beliefs and he or she employs more than 15 employees, you may be eligible to  file a charge of religious discrimination with the U.S. Equal Employment Opportunity Commission (EEOC).

You can only reasonably protect your rights if you file a charge of religious discrimination so that you can sue your employer in court under federal law.

Fill Out a Free Evaluation

Fill out a free evaluation form to get started today. An experienced lawyer may help prove that you were discriminated against at work due to your religion or religious attire.

If your claim is won, you may be eligible for compensation from your employer and you should get your attorney’s fees paid as well.

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