Every person has the right to his or her own beliefs. Consequently, every person also has the right to be secured that he or she will be protected from religious discrimination in the workplace. How would you know if you are being discriminated against because of your religion? What would you do to protect yourself from this?
According to the Equal Employment Opportunity Commission (EEOC), they have received 2,541 charges of religious discrimination in 2006. Out of this number, 2,387 have been resolved, and $5.7 million in damages were recovered, not including the monetary benefits that were obtained during litigation
“What are my rights in the workplace in relation to my religion?”
The law is clear on the rights of employees in the workplace. There are provisions that specifically deal with religious beliefs. Title VII of the Civil Rights Act (1964) prohibits employers from discriminating against individuals because of religion, this covers hiring, firing, and other conditions of employment. These are the provisions of the Act:
• Your employers are not allowed to treat applicants or employees less or more favorably because of religious beliefs, except in some very select circumstances. Your employers are not allowed to have more stringent requirements for promotion, or have different work requirements for people of certain religions
• You cannot be forced to participate or be stopped from participating in a religious activity as a condition for employment
• Your employer is required to make reasonable accommodation to your religious practices, as long as no undue hardship will be put upon him or her, or the business
Some examples of these reasonable accommodations are:
o Flexible modification of schedules
o Voluntary swapping of schedules
o Job reassignments
o Lateral transfers
• Accommodating modifications on grooming policies, and others
• Your employer may not be required to make accommodations to your religious beliefs if it will cause him or her undue hardship, or it would greatly affect the business. This may be true if accommodating your religious practices will require high administrative costs, affects the safety of the workplace, steps over the religious rights of other employees, and other similar situations
• You are permitted to engage in religious expressions, except if it would impose undue hardship on your employer
• Your employers are required to take steps against religious discrimination reported in the workplace
It is the employers’ duty to provide a place of work that is free of harassment, whether it is harassment based on ethnicity, national origin, religion, gender, sexual orientation, and others
Are there any exceptions to the rule?
As a matter of fact, yes. The only exception to the law preventing religious discrimination is the BFOQ (Bona Fide Occupational Qualification). To put it simply, if the nature of the job you are applying for strictly requires an employee with a specific religion, then it is not covered by the laws governing religious discrimination. For example, if a Baptist church in your area is looking to hire a pastor, then it follows that they are looking for applicants that are of the same religion.
If you feel that you have been a victim of religious discrimination, consult a lawyer that specializes in that field to help you with it.
To help you with employment discrimination issues such as religious discrimination, consult with our skilled employment attorneys. Visit our website and avail of our free case analysis.
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