The Basics of Religious Discrimination

The primary law that prohibits discrimination in the workplace is 1964 Civil Rights Act’s Title VII. The law forbids employers, agencies, and unions with 15 or more employees from discriminating against their employees based on color, age, sex, national origin, and race. Another protected class that is covered by the law is religion. Employees who may have been discriminated upon based on the aforementioned protective classes should get help from a Los Angeles Discrimination Attorney.

Religion under Title VII

The law not only protects Christians, Jews, Muslims, Hindis, and Buddhists, but also those who believe in non-traditional, new, uncommon, and small religions, even if it is not a formal church or sect and may be deemed illogical by other people. Religious belief, practice, observance, and other aspects of the religion are covered by the law.

Title VII also protects those who may be discriminated or may need accommodation because they recognize no religious beliefs. Even if some people hold their beliefs regarding social, political, or economic philosophies, the law do not recognize such as religion. Religion should concern “ultimate ideas about life, purpose, and death”.

Constitution of a Religious Harassment

Religious harassment happens when an employee is forced to abandon, change or take on a religious practice because of employment (quid pro quo), or when he is subjected to unwelcome and often insulting statements or behavior that is serious enough to make the workplace hostile or offensive.

In hostile environment type of religious harassment, the surrounding circumstances should be evaluated to know whether a conduct or remark is unwelcome. Consensual conversation about religion, for example, does not constitute as harassment.

Employer Liability

Employers are generally liable if the harasser is their supervisor, since that usually involves tangible employment action. They are also liable if a co-worker is the harasser if they knew or should have known about it and failed to take actions against it. Harassment of non-employee is also liable to the employer as well.

In the case of a harassing supervisor, the employer may avoid liability if he is able to prove that the he exercised reasonable care to prevent and correct the incident, and that the employee did not take advantage of the preventive and corrective opportunities provided to avoid getting harmed.

Religious Accommodation

Like in the case of disabled employees, employers are also required to accommodate their employees who sincerely hold religious belief, practice, or observance. If such things conflict with a work requirement, the employer should reasonably accommodate them, unless it is proven that doing so will cause undue hardship to the employer.  

To know more about religious and other types of discrimination, ask an expert Los Angeles Employment Attorney now.