Religious discrimination is commonplace in the workplace. 66 percent of workers who replied to a survey said they had witnessed cases of discrimination based on religious belief.
Many workers say they face hurdles when following their religious beliefs in the workplace. Trying to get accommodation for their religious beliefs from their employers is often hard.
Fortunately, employees are protected under Title VII of the Civil Rights Act of 1964 which disallows employers who have 15 employees or more, including employment agencies and unions, from discriminating in employment based on any of the following protected classes:
- Color,
- gender,
- national origin,
- race,
- religion.
Types of Religious Discrimination
If you believe you are a victim of religious discrimination you should now determine the type of religious discrimination you are experiencing. This could be related to any of the following:
- testing, recruiting, or harassing employees.
- promoting, transferring, or laying off employees;
- hiring or terminating employees;
- compensating, assigning, or classifying employees;
If you are a job applicant, anti-discrimination protection does apply to you in the same way as a current employee.
Any decisions that are made based on religion are prohibited whether the employer approves or disapproves of the employee’s beliefs.
Protection for Religious Discrimination in the Workplace
In addition to title VI there is also coverage for employees by the Religious Freedom Restoration Act (RFRA) in 1993. If an employer violates the act the employee may file a complaint.
Examples of RFRA violations are if a person is required to cover his/her hair, grow a beard, or wear long sleeves because this is a part of their religious beliefs but the employer does not allow this.
Also if a person wants to serve as a police officer, s/he could sue their employer under RFRA if the Department will not permit him/her to work because they are wearing a yarmulke or hijab.
What is the EEOC?
The U.S. Equal Employment Opportunity Commission (EEOC) is the agency that enforces federal laws that make it illegal to discriminate against a job applicant or an employee because of the person's race, color, disability, religion, sex and national origin, age (40 or older), disability or genetic information.
It is also against the law to discriminate against someone because that person filed a complaint about discrimination, filed a Charge of Discrimination, or played an active role in an investigation into employment discrimination or a lawsuit.
The EEOC will investigate any charges of discrimination against employers who are covered by the law. The first step they take if they find religious discrimination has taken place is to try to reach a settlement but if this fails they may file a lawsuit to protect the rights of individuals who have suffered religious discrimination.
To help ensure your religious rights are protected at work you should inform your employer about your religious commitments or practices when you accept a job or immediately upon becoming aware of the need for the accommodation. This may help you get the accommodation for your religious beliefs that you are entitled to.
Next Steps
If you have been discriminated against by your employer, you should fill out a free evaluation form. You may be entitled to compensation.
If you have suffered from religious discrimination and not got promotion you may be able to claim compensation.
The remedy for this could be being placed in the job and/or receive back pay and benefits that you might have received had you not faced discrimination.
Sometimes a victim of religious discrimination may be able to recover attorney's fees, expert witnesses’ fees, and court costs in a lawsuit.
Other forms of compensatory damages are paying the victims out-of-pocket expenses caused by the discrimination and for any emotional harm suffered due to the religious discrimination.
Punitive damages could be awarded as a way of penalizing an employer who has recklessly failed to comply with the requirements of the religious discrimination laws.
Additional Resources
