According to the Civil Rights Act of 1964, employers may not discriminate in employment based on race, color, religion, sex, or national origin. These employers (of 15 or more employees) cannot retaliate against someone who complains that they have been discriminated against in the workplace.
The Rules Regarding Religious Discrimination
The portion of the Civil Rights Act governing religion is known as Title VII, which states:
- An employer cannot treat you, as an employee or as an applicant for employment, differently because of your religion, or lack of religion. You cannot be treated differently with regards to the various stages of employment, including promotions, benefits, original employment, training, recruitment, etc. For example, you cannot be passed over for a promotion because you requested to have Good Friday off each year, as part of your religious observance as a Christian as this would constitute illegal religious discrimination. You also cannot be terminated based solely on a change in your religion.
- An employer cannot harass employees because of their religion, lack of religion, or the religion practiced by the employee’s family, friends, etc. For example, your employer cannot make derogatory comments about your wearing a yarmulke to work as a practicing Jew or your displaying a bindi, the forehead marking worn by Hindu women.
- An employer cannot refuse your request for a “reasonable accommodation” of your religious beliefs and associated practices, if providing such an accommodation could be done at a minimal burden or expense to the business. If you request that you have a particular Jewish holiday off, that is not already designated as a holiday, your employer cannot refuse you if ample accommodation is made to cover that time and your functions in other ways. Similarly, a Jew, a Christian or a Catholic requesting that they not work on their Sabbath must also be accommodated.
- An employer cannot retaliate against you for engaging in religious activity that is protected by the statue or for complaining to human resources that you have been discriminated against by your employer.
An important exception applies to religious organizations. Title VII allows religious organizations to hire those who share their religion, but stipulates that the organization is not allowed to discriminate on the basis of sex, age, race, color, disability, or national origin.
Getting Help
If you feel your employer has discriminated against you based on your religion, you must first report it through the appropriate channels , such as human resources. If your grievance is not adequately addressed, you can bring a lawsuit against your employer. It is a good idea to consult with an experienced attorney when you are the victim of religious discrimination at work, as your lawyer can help you to decide what steps to take to rectify the situation and to protect your rights.
