Examples of Religious Discrimination in the Workplace

Many people are familiar with religious freedom as a constitutional right. But it doesn’t always feel like that right is protected in the workplace. Maybe your employer has asked you not to wear certain religious attire. Or perhaps you’re having trouble taking a religious holiday off work. You may be wondering if these kinds of restrictions or other incidents rise to the level of religious discrimination. Whether they do depends on several factors, as well as state law.

If you suspect you might be experiencing workplace religious discrimination, you’ll want to speak with an employment or discrimination lawyer who’s well-versed in the laws of your state. They can explain the rights and remedies to which you’re entitled. They can also help you determine the best way to proceed under your circumstances.

In this article, we’ll review some examples of religious discrimination in the workplace, as well as legal principles you’ll want to keep in mind. Let’s start by making sure we understand what religious employment discrimination is.

Religious Discrimination

Religious employment discrimination is the unfair treatment of employees or job applicants because of their religion. This generally means religious views, beliefs, or practices.

Workplace discrimination based on religion can occur in any aspect of the employment relationship. This type of discrimination is often based on traditional religions like:

• Hinduism
• Judaism
• Christianity
• Islam
• Buddhism

But religious discrimination doesn’t have to be based on affiliation with a religious group. It may also be based on a person’s sincerely held moral or ethical beliefs, including not having any religious beliefs.

For example, let’s say a bookstore manager asks Vlad about his religious beliefs during an interview. Vlad shares that he’s an atheist. Despite Vlad’s qualifications, the manager tells him they prefer to hire people of “faith.”

The interview ends abruptly, and Vlad doesn’t get the job. If Vlad’s religious beliefs, or lack thereof, were the reason for the rejection, this is likely an example of religious employment discrimination.

Religious Harassment

Another form of religious discrimination is religious harassment. Religious harassment at work comes in two forms: quid pro quo harassment and hostile work environment harassment. We explore both types below.

Quid Pro Quo

Quid pro quo religious harassment involves employment decisions and a power imbalance. We see this type of harassment when a person in authority offers job benefits in exchange for an employee abandoning, changing, or adopting a particular religion, practice, or belief. If the employee refuses, they might face negative consequences, like being fired or demoted.

For example, let’s say Moishe’s supervisor tells him that she’ll make sure he gets the promotion if he stops wearing his yarmulke to work.

This is quid pro quo religious harassment. Based on public data, this appears less common than other types of religious discrimination.

Hostile Work Environment

Hostile work environment is the other type of religious harassment we see at work. It happens when an employee faces unwelcome or offensive conduct related to their religion. This might include teasing, insults, compelled participation in religious activities, or other types of unfair treatment.

To be considered harassment, the unwanted behavior must be so severe or frequent that it creates an intimidating or hostile work environment.

For example, let’s say Tej is a Sikh employee. His co-workers regularly make offensive remarks about Tej’s turban, referring to him as a “towel-head.” They laugh and whisper when he walks by. One day, someone even pulled on it. The constant teasing and rude comments make it hard for him to focus on his job.

This is an example of religious harassment that creates a hostile work environment. It can come from someone in a position of power, as well as co-workers and clients.

Religious harassment of either kind generally interferes with a person’s employment and/or their work performance.

Is Religious Discrimination In The Workplace Illegal?

Generally, yes.

Title VII of the Civil Rights Act of 1964 (Title VII) is the main federal law that prohibits employment discrimination based on religion and other protected characteristics. These include:

• Race
• Color
• Sex/gender
• National origin

Title VII makes it illegal for most U.S. employers to engage in religious discrimination. This means they must prevent and address workplace religious discrimination/harassment. They must also reasonably accommodate employees' sincerely held religious beliefs.

Religious Accommodations at Work

Under Title VII, employers are required to provide employees with reasonable accommodations for religious reasons unless doing so causes the organization undue hardship. Failure to do so can constitute religious discrimination.

Reasonable accommodations for an employee's religious beliefs or practices can take many forms. Consider the following types with examples.

• Dress code exceptions: Kai is allowed to wear a necklace with a Jain Om symbol even though the dress code typically prohibits jewelry.
• Dietary accommodations: Miriam’s workplace cafeteria offers kosher meal options to accommodate her religious dietary restrictions.
• Shift swaps: Zainab is permitted to swap shifts with a coworker to attend Friday afternoon Jumu'ah prayer services during her usual work hours.
• Prayer breaks: Luke is allowed to adjust his lunch break to attend daily Mass.
• Job reassignments: Tenzin’s employer reassigns him from a customer service role to one with flexible scheduling so he has time to practice Samatha meditation.

Sometimes, an employer needs to deny an accommodation request due to undue hardship. If that’s the case, the employer should still explore substitutions to accommodate the employee's request.

The federal Equal Employment Opportunity Commission (EEOC) enforces employer obligations under Title VII. Many states have their own anti-discrimination laws that impose stronger protections and religious accommodation requirements.

Supreme Court Cases

A couple of recent Supreme Court cases help illustrate how Title VII protects employees from religious discrimination. We review both of them briefly below.

EEOC vs. Abercrombie & Fitch Stores (2015)

In 2015, the Supreme Court held that employers can be held liable for religious discrimination if a job applicant's need for a religious accommodation is a motivating factor in not hiring them.

EEOC v. Abercrombie & Fitch Stores centered around a Muslim teenager who applied for a job at Abercrombie & Fitch. Due to her religious beliefs, she wore a headscarf called a “hijab.” The manager liked her but didn’t hire her because the company’s “Look Policy” prohibited head coverings.

The Court said that avoiding potential accommodations for religious practices shouldn’t influence hiring decisions. The ruling reinforced employee protections under Title VII.

Groff vs. DeJoy (2023)

In Groff v. DeJoy, the Supreme Court clarified employers’ religious accommodation obligations under Title VII.

Groff was a devout Christian postal worker. He requested Sundays off from his work schedule for religious observances. The postal service denied his accommodation request. It reasoned that Sunday shifts were required for Amazon deliveries.

Groff eventually quit and sued. The Supreme Court ruled in his favor. It said that employers must show a serious burden, not just a small one, before denying religious accommodations.

These Supreme Court cases help explain the legal landscape surrounding religious discrimination at work. But we’re often left with more questions than answers.

Frequently Asked Questions (FAQs)

In the discussion that follows, we’ll answer some of the questions that typically arise in the context of religious employment discrimination.

Can a Private School Reject a Job Applicant For Not Being Catholic?

If the private school is a Catholic school, then yes. Religious organizations qualify for a religious exemption under Title VII. This means they may consider religion when hiring without violating Title VII.

Can My Employer Deny My Religious Accommodation Request To Not Serve Homosexuals?

Yes. Religious accommodations are meant to help employees practice their faith, not avoid working with certain people. Refusing to work with someone because of their sexual orientation is generally discriminatory, even if the refusal is based on religious beliefs. Religious accommodations generally can’t be used to justify discriminatory behavior.

Can My Employer Deny My Religious Accommodation Request To Not Handle/Serve Alcohol?

It depends. Your employer must try to accommodate your sincerely held religious beliefs. But if assigning you to different tasks would significantly disrupt operations or impose substantial costs, they may legally deny your request.

Let’s say a cashier at a large grocery store chain requests not to handle alcohol due to religious beliefs. The store has multiple cashiers and can easily assign alcohol purchases to others. The cashier can still perform most of their job duties. Here, the store should likely accommodate the cashier’s request.

On the other hand, it may be far more burdensome for a small bar to accommodate such a request from a bartender. The small staff could make reassigning duties disruptive and costly, particularly because serving alcohol is a core function of the bartender's job. Under these circumstances, the bar could likely deny the request without violating Title VII.

What Can You Do?

If it seems like you're facing any type of religious discrimination at work, there will be several ways you can proceed.

You may have concerns about speaking up. Perhaps it will help to learn that Title VII prohibits employers from taking negative action against you for reporting discrimination. This is called “retaliation." If an employer retaliates or fails to prevent/address retaliation, they can face harsh penalties.

Still, it’s highly advisable you consult an attorney who can help you understand your options.

In the meantime:

• Keep detailed records of incidents and communications related to the unfair treatment.
• You'll likely need to file a discrimination charge with the EEOC and/or state agency before you can sue.
• Speaking with your human resources department can sometimes help.

However, it wouldn’t be uncommon to fear retaliation or lack trust in the internal complaint process. For these and other reasons, you may want to touch base with an employment attorney before taking action.

Getting Legal Advice

State agencies and the EEOC typically work with strict deadlines. Filing a discrimination charge might not give you the remedies you’re seeking. But it’s often necessary to maintain your rights to pursue certain legal claims.

As a result, consider speaking with an employment attorney sooner rather than later. The best course of action for you will depend heavily on your jurisdiction and your specific situation. So, you’ll want someone experienced in the laws of your state. You can confidentially discuss the specifics of your situation with them.

They can help you understand the range of remedies and protections available to you. Fortunately, Findlaw’s directory of employment law attorneys and discrimination lawyers is arranged geographically. Just click on your state and city to connect with local experts. A trusted advocate will be instrumental as you move forward.