Freedom of religion, a right granted to every citizen under the First Amendment of the U.S. Constitution, is one of the many advantages of living in the United States. A Pew Research study indicates that Americans belong to at least 11 religious faiths and denominations, while nearly 23% classify themselves as atheists, agnostics or unaffiliated.
Although religious diversity is one of the cornerstones of our democracy, not everyone tolerates beliefs that differ from their own. In some situations, employers may engage in the illegal practice of religious discrimination against their workers.
What Is Religious Discrimination in the Workplace?
The U.S. Equal Employment Opportunity Commission (EEOC) characterizes religious discrimination as the act of treating people unfavorably because of their religious beliefs. Title VII of the Civil Rights Act of 1964 is the federal law that prohibits these discriminatory practices in private sector workplaces consisting of 15 or more employees. The law covers individuals who follow traditionally organized religions and others who have sincerely held religious, ethical or other beliefs.
What Does the Law Prohibit?
Title VII classifies several types of actions as religious discrimination in the following categories:
Harassment
Employers, supervisors or coworkers may not engage in actions that create a hostile or offensive workplace or lead to adverse employment decisions. While occasional, isolated incidents of teasing or making derogatory remarks about a person’s religion may not reach the harassment threshold, an ongoing pattern of this behavior likely meets the standard.
Segregation
Employers must refrain from segregating workers based on their religious beliefs. For example, it is illegal to assign an employee only to positions or tasks that do not involve customer interaction due to fears that others may disapprove of the individual’s religious clothing or grooming practices.
Reasonable Accommodation Refusal
Employers have a legal requirement to accommodate a worker’s religious practices or beliefs unless doing so would cause more than a minimal burden on regular business operations. For instance, the employer may need to provide scheduling flexibility to allow an Orthodox Jew to leave work early on Friday to honor the Sabbath.
The reasonable accommodation concept can also apply to the manner of dress and grooming practices, such as wearing a religious headdress or maintaining facial hair in a specific style.
Undue Hardship Provision
Title VII does give employers some latitude regarding reasonable accommodations if doing so would create an undue hardship. Examples include actions that are cost-prohibitive, compromise workplace safety, reduce worker productivity and efficiency, require employees to perform more than their share of hazardous or burdensome work, or infringe on other employees’ rights.
What to Do if You Experience Religious Discrimination
If you believe you’ve become a target of discriminatory practices at work, start by raising the issue with your employer. For example, if you received a subpar performance rating after revealing your religious beliefs, meet with the decision-maker to discuss the reasons for the poor review.
If you’re not satisfied with the outcome of the discussion or see indications that religious factors were behind the decision, consider filing a complaint with your employer’s human resources department. The company should have a formal process for investigating these issues and responding in a timely manner. Initiating a complaint can also benefit you if you decide to escalate the process, as it demonstrates that you raised the issues and the employer did not take sufficient action.
If you are dissatisfied with your employer’s handling of your religious discrimination case, consider filing a charge with the EEOC or your state’s fair employment practices agency. Depending on your circumstances, the agency may attempt to settle the claim or issue a letter stating your right to file a religious discrimination lawsuit against your employer if you choose.
How to Prove Religious Discrimination
Proving that your employer has discriminated against you for religious reasons can be challenging. Having direct evidence to support you, such as witnesses who are willing to verify your claims, can often deliver the most effective results. The ability to demonstrate a pattern of inappropriate behavior directed toward you by a supervisor or coworker is also advantageous.
More likely, you’ll need to demonstrate a cause-and-effect relationship, known as circumstantial evidence, that correlates your employer’s behavior or actions with previous knowledge of your religious beliefs. An example is when a supervisor takes disciplinary action against you for not completing a task on time, even when he knows you’ve taken time off — and approved your request to do so — to observe a religious holiday.
Another way to prove religious discrimination is by showing that your employer has developed and instituted a discriminatory policy. For instance, your company may provide paid time off to people of certain faiths to observe their religious holidays but require individuals who practice other religions to take unpaid leave to commemorate theirs.
How to Pursue a Religious Discrimination Case
If you believe you are a victim of religious discrimination and are not getting satisfaction from your company, consider consulting with a lawyer with extensive experience representing clients in this complex area of employment law. Your lawyer can investigate the situation and determine the appropriate course of action. The attorney can also prepare and present your case to the EEOC.
If the circumstances warrant filing a religious discrimination lawsuit against your employer, your lawyer can help you navigate the legal process and represent you in court.
Possible remedies for a successful religious discrimination lawsuit include:
- Financial relief, including compensation for your pain or emotional distress and reimbursement of legal and court fees and expenses.
- Injunctive relief against your employer, which entails modifications of the company’s behavior like revising its religious discrimination policies and procedures or reinstating employment and benefits after unlawfully terminating or suspending a worker.
It’s imperative to act quickly if you wish to initiate a religious discrimination case against your employer. The EEOC has a statute of limitations of 300 days for Title VII claims filed in Pennsylvania. There are also specific guidelines when filing with a state agency. In Pennsylvania, for instance, you must file claims under the Pennsylvania Human Relations Act within 180 days of the most recent incident.
Contact Weisberg Cummings About Your Religious Discrimination Case
If you are looking for representation in Pennsylvania, the Harrisburg law firm Weisberg Cummings, P.C. can help you achieve a favorable outcome for your religious discrimination case. Employment law is the focus of our practice — we have more than 40 years of combined experience in this area.
At Weisberg Cummings, we recognize that every situation is unique. If you have a case, our religious discrimination attorneys will take the time to understand your circumstances and develop a tailored legal strategy that meets your needs.
Call us today at 855-716-2367 or contact us online to set up a free consultation.
