1. Los Angeles Religion
Discrimination Lawyer
In our increasingly diverse society, the concept of religious freedom takes center stage in many
discussions, both in public and private spaces. However, not all encounters with this freedom are
positive; some individuals face religious discrimination, a pervasive and sometimes, subtle form of
prejudice that can severely impact one’s personal and professional life.The primary laws that
protect employees against discrimination based on their religious beliefs are the Fair Employment
and Housing Act and TitleVII of the Civil RightsAct.AtTheory LawAPC, their team and their Los
Angeles Discrimination Lawyer can provide more in-depth guidance on how these laws function
and what they mean for you.
As a fictional example, let’s take a journey into the life of Sam, a diligent employee who loves his
job but finds himself battling an unseen enemy – religion discrimination in his workplace. His story,
while fictional, sheds light on a very real and persistent issue that affects many lives and
workplaces today.We’ll refer to this story throughout this page as examples.
Sam's Story: The First Encounter
As an orthodox Jew, Sam always made sure not to schedule any work on Saturdays, because he
observed the Sabbath. However, after his company merged with a larger corporation, the new
management decided to enforce a compulsory six-day work week, including Saturdays. Now,
Sam’s religious beliefs came into direct conflict with his professional commitments.
Many might wonder, can’t the company accommodate Sam’s religious observance? Under both the
Fair Employment and Housing Act and TitleVII of the Civil RightsAct, employers may have a legal
obligation to respect an employee’s religious beliefs.
Federal and California Laws: YourRights and Protections
The Fair Employment and Housing Act (FEHA) and TitleVII of the Civil RightsAct are designed to
prevent employers from taking unfair employment practices against employees because of their
religion, as well as other protected categories.These laws prohibit employers from discriminating
against employees based on their religious beliefs, practices, or affiliations. Under the FEHA and
TitleVII, employers have a legal obligation to respect and accommodate their employees’ religious
beliefs, unless it imposes an undue hardship on the company. “Undue hardship” generally refers to
any action that requires significant difficulty or expense to the employer when considered in light
of various factors.As long as the employer is subject to these laws, the employee is protected.
At the federal level, TitleVII applies to employers with 15 or more employees and covers various
aspects of employment, including hiring, promotions, wages, termination, and other matters.A
claim for workplace religious discrimination can be made through the Equal Employment
Opportunity Commission (EEOC).
California has long been a trailblazer in setting progressive legal standards, particularly in the area
of employment discrimination.The FEHA, one of the nation’s most comprehensive anti-
discrimination laws, takes firm action against religion discrimination in the workplace. For instance,
that could mean altering work schedules for Sabbath observers or allowing dress code
modifications for religious reasons. It may also require employers to explore all available means of
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2. reasonably accommodating an employee’s religious practice before they can declare undue
hardship.
The FEHA also offers broader protections against religious discrimination, and unlikeTitleVII, the
FEHA applies to employers who have five or more employees.An employee or job applicant can
bring a claim for religious discrimination against an employer subject to the FEHA by filing a
complaint with the California Civil Rights Department (CRD).
To put that into perspective, let’s circle back to Sam. If he were working in California, the FEHA
would provide him with a substantial safety net. His employer would need to consider various
accommodation options like adjusting his work schedule, redistributing essential functions among
other team members, or even reassigning him to a different role that doesn’t require Saturday work.
Unpacking Religion Discrimination in the Workplace
Discrimination bases on religious beliefs can happen at work in many ways, some obvious and
others more covert.A blatant example may involve an employer not hiring a qualified candidate
simply because they wear a hijab, a kippah, or any other religious attire. Meanwhile, a more subtle
form of discrimination could be favoring employees of a particular faith in promotion or task
assignments.
Direct discrimination refers to the unequal treatment or practices that discriminate against an
individual. For example, suppose a Muslim employee, who is equally or more competent than his
peers, is repeatedly overlooked for promotion because of his religion.
On the other hand, indirect discrimination, while not always as obvious, can be just as detrimental
to the individual.This involves a seemingly neutral workplace policy that disproportionately affect
employees of a certain religion.Take, for instance, a company-wide policy mandating that all
employees must be clean-shaven, which could inadvertently discriminate against Sikh men who
wear beards as part of their faith.
Examples of Religious Discrimination at Work
While the examples below are not exhaustive, you now understand that religious discrimination
can occur in different ways at work. It not only infringes on the rights of the employee but also
fosters a harmful work environment.This, in turn, can negatively impact the employee’s
psychological health and overall wellbeing. Below are some examples of workplace religious
discrimination:
A coworker or supervisor might make derogatory remarks or jokes about an employee’s
religion or religious practices.This is also known as religious harassment. For instance, a
Jewish employee who is repeatedly harassed by their co-workers anti-Semitic comments or
jokes, or a Muslim employee who faces derogatory remarks about their prayer practices or
religion.
An employer who repeatedly schedules important meetings on an employee’s day of
worship or refuses to accommodate requests for prayer breaks, knowing that these practices
are integral to the employee’s faith.After the employee reports this to HR, he is reprimanded
and ultimately fired. Such an employee may need to speak with an attorney or file a
complaint with the EEOC or Civil Rights Department.
Passing on a highly qualified candidate for a job or promotion based on their religious
affiliations. For instance, a Sikh man might be passed over a promotion for a managerial role
because he wears a turban. If the employee can show that he was passed over because of his
religion, he may strengthen his case.
A company rule that prohibits head coverings.This would negatively impact Sikh men who
wear turbans or Muslim women who wear hijabs.
If an employee complains about religious discrimination or supports a coworker’s complaint,
the employer or coworkers might retaliate by excluding the employee from meetings, giving
them less desirable assignments, creating a hostile work environment, or firing them.The
employee may want to speak with an attorney or file a complaint with a state or federal entity.
Empowering Action Against Religious Discrimination
Religion discrimination is a serious issue, and if an employee uspects they’ve become a victim, they
can take immediate action. Documenting instances of discrimination or harassment because of
religion can be essential to proving their claim. Keeping track of each incident, noting who was
involved, what was said or done, when and where it occurred, and whether there were any
witnesses.
Next, the employee can report the issue to their supervisor or human resources department,
following the company’s procedure for raising such concerns. If there’s no appropriate remedial
action taken by the employer, it might be time for the employee to consult with a legal
professional.
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3. Religious discrimination might seem like an uphill battle, but with awareness, proper actions, and
the right legal help, employees can take a stand against it. Everyone deserves to practice their faith
freely, without fear of prejudice or bias, especially in their place of work.
Should you suspect that you’re on the receiving end of religious discrimination or harassment, it’s
crucial to act swiftly. Get in touch with an experienced LosAngeles Discrimination Lawyer atTheory
LawAPC without delay. Our law firm stands ready to navigate you through the complexities of the
situation while giving you the legal care that you need and clarifying your rights and potential
courses of action.
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10513 Santa Monica Blvd
Los Angeles, CA 90025
Phone:
(310) 500-0206
Fax:
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Rodney Yadidi
SELECTED IN 2023
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