Religious Discrimination In The Workplace

Religious discrimination in America is a pervasive problem. Religious discrimination laws prohibit workplace discrimination based on a protected status under Title VII of the Civil Rights Act of 1964. Strongly held personal beliefs are not necessarily religious in nature, however. For example, discriminating against an employee who wears a head covering because of her religion would be prohibited, but discriminating against another employee who wears a hat just because it matches her outfit would not be illegal. These types of distinctions are important in determining what constitutes religious discrimination and what does not.

The experienced discrimination lawyers at Swartz Swidler may help to determine whether or not religious discrimination likely occurred.

Forbidden religious discrimination

Employers are forbidden from engaging in religious discrimination and cannot base operational decisions on an employee’s religious beliefs. An employer also cannot penalize an employee for being an atheist. For example, a religious employer cannot show favoritism to fellow believers while refusing to hire non-religious applicants. Both are inappropriate in a professional working environment.

Title VII additionally prohibits religious harassment and also requires an employer to make a religious accommodation in the workplace. These accommodations cannot be disruptive or prevent others from completing their job duties.

Religious discrimination facts: Who is covered under Title VII of the Civil Rights Act?

Title VII governs all government employers and private employers with 15 or more employees. Employment agencies, management oversight committees and labor organizations are also covered by it. If you work for an employer that is covered by Title VII, you are protected.

The federal agency enforcing the federal law is the Equal Employment Opportunity Commission. The EEOC considers all of the factors that might call into question the employee’s sincerity and the circumstances. The EEOC may consider whether the employee is seeking an accommodation for a secular purpose while feigning a religious reason in order to obtain the benefit. The agency will also consider whether the employee is acting in a manner that is inconsistent with his or her professed religion and whether or not the employee has tried to seek the same benefit for another reason previously.

Contact Our Religious Discrimination Attorneys

If you believe that you have been discriminated against based on your religion at your job, you might benefit by talking to an experienced discrimination attorney. You have the right to work in an environment that is free from religious discrimination.The experienced religious discrimination attorneys at Swartz Swidler may work to protect your interests while guiding you through the process. Contact our office today to schedule your consultation.