The First Amendment of the U.S. Constitution and the Civil Rights Act prohibits religious discrimination at or outside of work. However, this doesn’t mean that forms of discrimination which are illegal don’t happen regularly in U.S. workplaces. If you feel that you have been subjected to discrimination or suffered harassment because of your religious affiliation or ethical or moral persuasion at work, you may be able to take legal action against the individual, supervisor or employer involved.
Laws concerning religious discrimination at work do not just apply to the person directly affected. It may also apply to anyone else at work who is indirectly affected by the form of interaction that is ongoing in their workplace. In other words any employee who is negatively affected by a hostile work environment caused by the discriminatory actions of another individual may also be eligible to take legal action.
The definition of what constitutes religious discrimination and harassment is quite complex. It is advisable to talk to an experienced employment law attorney before deciding whether you are able to take appropriate legal action.
Types of Prohibited Religious Harassment in the Workplace
The U.S. Equal Employment Opportunity Commission (EEOC) specifies what is considered prohibited forms of religious discrimination and harassment in workplaces.
It covers any sort of discrimination that results in an employee being paid lower pay, denied employment or promotion based on their religious affiliation, or ethical or moral code.
It also prohibits employers preventing their employees from wearing uniform or clothing that has religious significance to them, within reasonable bounds. For example, an office worker who is prevented from coming to work wearing a hijab is a prohibited form of religious discrimination. However, if a Sikh insists on wearing a turban, this may not be considered reasonable if his job necessitated wearing protective headgear which could not fit over his turban. The employer would, however, be expected to give assistance to the employee to find a compromise which was acceptable to his beliefs as well as retain his safety.
The EEOC and Civil Rights Act prohibit many possible forms of harassment that can arise due to a person’s particular religious affiliation, or ethical or moral convictions. It could take the form of:
- unsolicited physical attention, such as touching, shoving, jostling or assault;
- verbal taunts, insults and threats;
- visual displays such as hand or facial gestures;
- harassment via electronic media such as emails, facebook, twitter etc.;
- harassment in the form of insulting or threatening messages sent by text message;
- written or printed harassment because of an employee’s religious, ethical or moral beliefs.
What You Can do About the Discrimination or Harassment Against You
It will not be possible to take legal action against someone or an employer who was illegally discriminating against you or harassing you at work unless you can provide proof that you were a victim of this sort of behavior or action. There are several ways in which you can procure evidence of such discrimination. The following are examples of such evidence:
- Make a detailed note of any type of behavior or action that you believe is prohibited according to EEOC directives. If you are able to do so you should report any actions taken by a co-worker to your immediate supervisor or employer. You need to note the date, time, type of interaction and person or persons involved.
- Eye witnesses are potentially very useful if they can be asked to make statements confirming what they have seen or heard during an interaction involving discrimination or harassment against you.
- Keep a record or save any messages you have received, whether they are on paper or electronic such as text messages, emails, or comments made on social media.
- If the type of harassment is ongoing and involves verbal taunting or visual displays, then you may be able to record what was said or done with the help of a voice recorder and / or camera app. These facilities are often available on a relatively simple cell phone or tablet.
How an Employment Law Attorney Can Help
Filing a claim against an individual or employer because of religious discrimination or harassment can be a difficult prospect. It is best to contact an experienced employment law attorney as soon as you can and discuss the evidence you have so far and whether there is any prospect of suing the person or persons. The attorney should be able to assess your case and provide an opinion about your chances of taking further legal action.
If you are considering taking legal action against a co-worker, supervisor or employer, fill out a free evaluation form below to find a suitable attorney in your area.
