Religious discrimination in the workplace is treating a person, whether it’s an applicant for a job or an employee, unfavorably due to his or her religious beliefs. USA law not only protects employees who belong to the traditional religions, like Buddhism, Christianity, Hinduism, Islam, and Judaism, but also members of groups others who hold other religious, ethical or moral beliefs. Religious discrimination may also include treating someone unfavorably because that person is married to or associated with someone of a particular religion.
Religious discrimination in the workplace happens more often than people think. This applies to scheduling changes or leave for religious observances, but also to the dress or grooming practices that an employee has for religious reasons. These could include, for example, wearing specific head coverings or other religious dress (such as a Jewish yarmulke or a Muslim headscarf), or wearing certain hairstyles or facial hair (such as Rastafarian dreadlocks or Sikh uncut hair and beard). It also includes an employee's observance of a religious prohibition against wearing certain garments (like pants or miniskirts).
If you plan to file a case against your employer for religious discrimination there are a few things you should know before you go ahead.
How to Detect Religious Discrimination in the Workplace
The law requires that an employer reasonably accommodates an employee's religious beliefs or practices, unless doing so would be a serious burden on the operations of the employer's business. This means an employer may be required to make reasonable adjustments to the work environment that will allow an employee to practice his or her religion.
Failing to accommodate can be considered to be religious discrimination or treating an employee unfavorably due to their religion. Some common religious accommodations include allowing flexible scheduling, voluntary shift substitutions or swaps possible, job reassignments when necessary, and modifications to workplace policies or practices so that the employee isn’t prevented from taking part in religious events specific to his or her religion. There are several actions an employer cannot take if it wishes to comply with the anti-discrimination laws. These include:
- shouldn't timetable examinations or other selection activities which conflict with a current or prospective employee's religious needs;
- inquiring about an applicant's future availability at certain times;
- enforcing a restrictive dress code;
- refusing to allow observance of a Sabbath or religious holiday, unless the employer can show that not doing so would cause undue hardship to its business;
- refusing to recruit, hire, or promote a person because they belong to a certain religion;
- enforcing more or different work requirements on an employee because of his or her religious beliefs or practices;
- enforcing stricter promotion requirements for persons of certain religions;
- refusing to hire an applicant solely because he or she doesn't share the employer’s religious beliefs;
- excluding an applicant from hire merely because he or she may need a reasonable accommodation for their religious practices;
- excluding an applicant from consideration for hire simply because they have a name associated with a particular religion;
- allowing employees to use negative language against an employee who has specific religious beliefs.
Before you can file a complaint for religious discrimination whether by your employer or a fellow employee you must provide sufficient evidence that proves religious discrimination has taken place in your workplace.
Evidence is Key
If you have the evidence to prove you are the victim of religious discrimination, you should document carefully each incident in writing of the religious discrimination. When you have enough evidence you should raise the issue with your company. It is your company’s responsibility to ensure that religious discrimination does not take place and if you file a complaint it gives your employer the opportunity to take corrective action to ensure the religious discrimination no longer takes place.
If your employer refuses to address the matter then you can file a Claim of Discrimination with either the EEOC or the equivalent state agency that enforces religious discrimination laws. You’ll have 300 days from the act of religious discrimination in which to file your complaint with the EEOC, or 180 days with your state’s agency. You have a far higher chance of winning your claim for religious discrimination if your employer has done nothing to correct it.
Remedies for Religious Discrimination
There are several remedies available if you have been able to provide the evidence of your religious discrimination and the Equal Employment Opportunities Commission (EEOC) has agreed that you have an eligible claim. These include:
- reinstatement if you have been fired;
- back pay when an employer is ordered to make up the difference between what the employee was paid and the amount he or she should have been paid;
- front pay is used to compensate a victim where reinstatement or nondiscriminatory placement could be a possible remedy, but has been denied for reasons related specifically to the individual claim;
- retroactive seniority and benefits are awarded to employees after they have suffered discrimination;
- compensatory damages as a remedy based on a percentage of lost wages due to the act of discrimination and an amount calculated for pain and suffering due to the act of discrimination;
- punitive damages are available to the victim if an employer deliberately and knowingly discriminates against an employee due to his or her religious beliefs and religious attire;
- attorneys’ fees are paid if the case goes to court.
Seeking Legal Help
If you have the evidence to prove you are a victim of discrimination at work you have a far higher chance of winning your religious discrimination claim and getting the remedies you deserve if you seek legal help first. If your religious rights have been violated, then an attorney may be able to help. Fill out the Free Case Evaluation on this page today!
Additional Resources
- Religious Discrimination Letter
- Gathering Evidence for Religious Discrimination
- Remedies for Racial Discrimination
- What are Examples of Religious Discrimination in the Workplace?
