Religious Discrimination at Work

Religious freedom means people have the right to practice their faith, or no faith at all, without interference. We don’t lose this right at our jobs. The United States has laws designed to ensure that. These laws protect against religious discrimination in the workplace. They also place affirmative responsibilities on employers to prevent and address it. The goal is a fair and safe work environment that respects all workers’ religious beliefs.

But that’s not always the result. Unfortunately, religious discrimination in the workplace isn’t that uncommon. If you suspect you’re facing religious discrimination at work, there are several ways you can proceed. Begin by speaking with an experienced employment law attorney who can help you understand your options.

In this article, we’ll review some legal principles to keep in mind as you figure out your next steps. Let’s start by making sure we understand what workplace religious discrimination is.

What Is Religious Discrimination in the Workplace?

Workplace religious discrimination is the unfair treatment of an employee or job applicant because of their religion or religious expression. Religious expression encompasses religious views, beliefs, and practices.

Religious discrimination can occur in any aspect of the employment relationship. This includes employment decisions and actions related to:

• Hiring/firing
• Pay
• Job reassignments
• Promotions
• Working conditions

For example, let’s say a company refuses to hire a qualified candidate because she’s Jewish. The manager assumes she won’t fit in with the company culture. This is religious discrimination because the decision is based on the candidate’s religion and not her qualifications.

What Qualifies as Religion?

Religion in this context may refer to traditional organized religions. That could be:

• Christianity
• Islam
• Judaism
• Hinduism

It can also mean other sincerely held moral or ethical beliefs. It also includes having no religious beliefs.

For instance, let’s say Tom is an atheist. His boss passes him over for a promotion because of this. Religious affiliation is not a requirement for the leadership position, but Tom’s boss says she doesn’t trust people without faith to lead. This is religious discrimination because the decision was based on Tom’s religious beliefs rather than his job performance.

Religious Harassment

Religious harassment at work is a type of religious discrimination. It can take two forms: hostile work environment and quid pro quo harassment. We discuss each in more detail below.

Hostile Work Environment

A hostile work environment based on religious harassment involves unwanted conduct targeting an employee on the basis of religion. If the targeted conduct is severe or frequent, it can create a hostile work environment. When it does, it’s considered harassment.

Some examples might include repeatedly:

• Mocking a Muslim employee’s head covering, like a hijab or headscarf
• Telling offensive jokes about Buddhism
• Criticizing how much time a Jewish employee takes off for religious holidays

This type of harassment can come from bosses, coworkers, or even clientele.

Quid Pro Quo

Quid pro quo religious harassment occurs when a person in authority demands or suggests that an employee abandon, alter, or adopt a particular religion, practice, or belief. The demand/suggestion may be presented as a condition of employment or as an offer of another employment benefit. The person in authority might also threaten a negative employment action for noncompliance.

Consider these two scenarios:

• Nina’s supervisor says he’ll cut her hours if she doesn’t stop wearing her cross necklace to work.
• Nina’s supervisor says he’ll give her better hours if she participates in religious activities at his church.

These are both forms of quid pro quo religious harassment.

Is Workplace Religious Discrimination Illegal?

Generally, yes. Discrimination based on religious beliefs at work is illegal.

Title VII of the Civil Rights Act of 1964 (Title VII) is the main federal law that protects against employment discrimination. It applies to most employers in the U.S. Title VII prohibits employment discrimination on several bases.

These include:

• Race
• Color
• National origin
• Religion
• Sex/Gender (includes pregnancy, sexual orientation, and gender identity)

The U.S. Equal Employment Opportunity Commission (EEOC) is the federal government agency responsible for enforcing Title VII.

How Does Title VII Protect Against Religious Discrimination?

Not only does Title VII prohibit employers from discriminating against employees and job applicants. It also requires them to prevent and address religious discrimination and harassment.

An employer must also reasonably accommodate employees’ sincerely held religious beliefs unless it would experience undue hardship as a result.

Religious Accommodations

Employees may request accommodations for religious reasons. Employers are required to provide reasonable accommodations for an employee’s religious practices unless it causes the organization significant difficulty or expense.

Reasonable accommodations for an employee’s religion can take many forms. Employers might allow shift swaps or exceptions to dress codes to accommodate employees’ religious beliefs or practices. They may also:

• Allow short breaks for a Muslim employee to pray during the day
• Make exceptions to a no-hats policy for a Sikh’s turban or a Jewish person’s yarmulke

Sometimes, a requested accommodation would significantly disrupt business operations or impose excessive costs. In such cases, an employer might legally deny the accommodation for undue hardship. We sometimes see this when an accommodation would result in significantly more burdensome work for other employees.

For example, a Baha’i employee might request time off for certain religious observances. If only one other employee can cover their duties, providing the accommodation might create a burdensome workload for the other person. So, the employer might deny the request.

However, the employer should still explore alternatives and substitutions to accommodate the employee’s request.

State Laws

Many states offer stronger protections against religious discrimination in the workplace. For example, California’s Fair Employment and Housing Act (FEHA) covers the state’s public and private employers that have at least five employees. Title VII requires 15.

FEHA also:

• Uses a broader definition of religion
• Imposes stronger accommodation requirements
• Allows higher damages in some cases

Other state anti-discrimination laws offer varying protections and remedies.

Taking Action

Despite these federal and state laws, religious discrimination continues to occur in workplaces across the country. Victims of employment discrimination typically have several options for addressing the problem. They can range from filing a report with the employer’s human resources office to taking private legal action.

Various statutory restrictions and procedural requirements for each course of action apply. Title VII, for example, requires people to file a discrimination claim with the EEOC before they can sue the employer.

Similarly, Title VII and applicable state laws require action within strict timeframes or statutes of limitations. Certain state laws can also extend the time period for filing a Title VII complaint.

Getting Legal Advice

If you’ve been the unfortunate target of religious discrimination at work, you may have concerns about taking action. Title VII specifically prohibits employers from retaliating against those who raise discrimination concerns. State laws also typically protect people from employer retaliation for discrimination claims. Still, your unease may be warranted.

Depending on your specific circumstances, you may decide to start with an EEOC or state charge. Either way, enlist the help of a solid employment attorney who’s well-versed in your state’s laws. You can share your situation with them confidentially. They can help you navigate this tricky legal landscape to ensure the best possible outcome for you.

Findlaw’s directory of dedicated employment attorneys makes connecting with qualified advisors easy. Just click on your state to view contact, ratings, and other information for area experts. You can also narrow your search by city for local options.

Whatever you decide, reach out to an attorney as soon as possible. A trusted advocate will be instrumental as you move forward.