What is religious Discrimination and Accommodation?
People
in America have the right to practice the religion of their choice. But
what happens when you try to exercise some of your religious practices
at work and your boss does not like it?
- What if you need to wear a certain type of clothing due to your religious beliefs and you are punished by your employer?
- What rights do employees have at work when it comes to their religion?
- Are all types of religious beliefs recognized by the law?
- What type of lawyer handles religion discrimination in the workplace?
- Can I sue my boss for telling me I cannot participate in my religious practices at work? Is religion considered a protected class?
- How do I know if my boss has provided the correct accommodation for my religious related request?
Who and what is protected?
There
are laws that pertain specifically to employment law that deem the
denial of accommodation for religious purposes to be considered
discriminatory. In some employment situations, if an employee makes a
request for accommodation regarding their religion and it is denied,
that employee may be entitled to sue their employer for discrimination.
Employers
are required by certain laws to provide reasonable accommodation to an
employee who makes a request for accommodation regarding their religion.
The employer is expected to make reasonable accommodation for employees
who make a request that has to do with their religious beliefs,
religious beliefs that are affiliated with common religions which
include rituals, ceremonies, celebrations, customs, and/or practices.
For example, some employees may observe Ramadan in which the employee
may fast.
"Religion" in
employment law means that employers must recognize any religions and/or
"religious creeds". Employers technically must recognize an employee's
religious system or faith, and the traditions and practices in which the
employee exercises for religious purposes. This includes moral, social,
and behavior beliefs that are upheld by common religious systems.
A Discrimination Lawyer
is the best type of legal professional to consult on employment matters
regarding religion and employee rights. Should an employee have any
issues regarding their employee rights, they should contact a
Discrimination Lawyer for a free consultation.
Being punished just for asking
Aside
from even having a request granted/accommodated, an employee who even
puts in a request to their employer or Human Resources Department is
protected from discrimination. This means that the law recognizes that
an employee has a right to make a request for accommodation in regards
to their religion without being retaliated against or treated adversely
because of their request for accommodation. If an employee is in fact
punished for making a request for accommodation because of their
religion, an employee may have the right to take legal action against
their employer for discrimination and/or retaliation.
There
are many ways in which an employee may find themselves being punished
for asking for accommodation at work in order to practice their
religion. A Discrimination Lawyer is the kind of lawyer who would be
able to determine if an employee was in fact punished by their employer
for making a request.
How does an employer retaliate?
Retaliation
against an employee by their employer is prohibited by law in certain
circumstances. If an employee makes a request for accommodation for
their religion and thereafter they are treated adversely by their
employer directly or indirectly, it may be considered as retaliation.
An
employer may retaliate against an employee after he or she makes an
accommodation request to their employer or Human Resources department
because of their religion. The retaliation may be identified by the
employer's actions and/or behavior such as reducing the employee's
hours, reducing the employees pay, denying the employee employment
benefits, confiscating employee benefits from the employee, and/or
choosing other employees over the particular employee for promotion. An
employer may also retaliate against an employee who makes a request for
accommodation for a religious purpose by making rude comments towards
the employee, singling the employee out, name-calling or even
reprimanding the employee for bogus reasons.
An
example of retaliation would be if an employee's religion called for
wearing a clothing that covered his or her face. The employee may make a
request to their employer to permit them to wear this type of clothing
to work for religious purposes. After the employee made the request the
employer may begin treating the employee poorly such as reducing their
shifts or giving the employee shifts that the employer knows would cause
the employee hardship. In this example, the timeline shows that the
employee put in the request followed by being treated poorly. This may
imply that the employee was being punished for making the request which
is prohibited by law. The employee in this example may have a claim
against their employer for retaliation as well as discrimination. In
order to carry out this claim, he or she should contact a Discrimination
Lawyer to discuss their employee rights.
The test
As
an employee who needs to make a request for accommodation or has made a
request for accommodation regarding religious beliefs, there is a test
that the law uses to determine whether the employer must recognize the
employee's particular religion and/or practice. Firstly, the employee's
religion must address issues and answer questions relating to the
meaning of life, death, and the performance of faith. Secondly, the
employee's religion must be all-inclusive in essence, having an actual
belief system rather than a secluded form of teaching. Lastly, the
employee's religion can be identified by the existence of visible and
explicit signs, which for example being a vegetarian would not be
recognized.
Last words
So what is religious discrimination
and accommodation? Although the above information may somewhat answer
this question, it is always best to discuss your employee rights with a
Discrimination Lawyer. Each case varies and differs on the facts,
therefore a one-on-one with a Discrimination Lawyer is the most
efficient way to decide whether you should pursue the matter in a court
of law. Make sure to reach out to a Discrimination Lawyer who offers
free consultations to potential clients which include no other up-front
costs.