What You Need to Know About Workplace Religious Discrimination in California
Some states and the federal government have legislation to protect employees from religious workplace discrimination. Here’s everything you need to know about workplace religious discrimination in California and your rights.
Federal law, and more specifically, California law, protects workers against religious discrimination in the workplace. While laws prohibit discrimination, parties can take employers or potential employers to court if the discrimination persists. Parties who wish to take an employer to court should consult a lawyer.
Employment Discrimination Based on Religion
Federal and California state laws both prohibit employment discrimination based on religion. Such laws protect against an employer treating an employee or applicant differently because of their religious beliefs. The laws cover almost all religions, like Christianity, Islam, Hinduism, and Judaism.
California Religious Discrimination Law
The California Workplace Religious Freedom Act of 2012 (WRFA) expanded protections of the California Fair Employment and Housing Act (FEHA) concerning religion.
California religious discrimination law prohibits an employer from firing or refusing to hire someone based on religion. The law also prohibits discrimination against an individual because of any potential conflict between a person’s religion and their employment requirements.
California Fair Employment and Housing Act
Under the California Fair Employment and Housing Act, an employer with five or more employees cannot discriminate against an applicant or employee based on religion, a protected category. Those who experience religious discrimination at work can utilize remedies under the California Fair Employment and Housing Act.
Potential remedies include:
- Recuperating lost earnings,
- Damages to emotional distress, and
- Punitive damages.
Related: How to Collect Unemployment Benefits in California
Title VII of the Civil Rights Act of 1964
The Title VII of the Civil Rights Act of 1964 applies to employers with fifteen or more employees. The federal law bans religious discrimination and harassment in the workplace. Under this law, victims can obtain various remedies.
Potential remedies include:
- Reinstatement,
- Back pay, and
- Punitive damages.
Reasonable Accommodation in California
A reasonable accommodation is when an employer’s accommodation eliminates the conflict between an employee’s religious practice and the job requirement.
California religious discrimination law also requires employers to provide reasonable accommodation for an individual’s religious beliefs. Reasonable accommodation includes allowing the employee to observe religious days and take the necessary time to travel to and from a religious observance.
The California Workplace Religious Freedom Act of 2012 specifies that accommodation aspects under religious discrimination laws extend to religious grooming and dressing practices, including facial hair, jewelry, and attire.
Employers must make accommodations based on employees’ religion unless making the accommodation would cause undue hardship for the employer.
A court may consider the following when deciding whether an accommodation would cause undue hardship:
- The accommodation cost
- The company’s size,
- Any alternative accommodations are implemented instead.
Federal and California state laws protect employees from an employer’s retaliation for requesting a reasonable accommodation for religious practices.
Related: California Employment Laws: Your Rights
Taking Religious Discrimination Claims to Court in California
In California, parties routinely file religious discrimination claims in state court. California law provides stronger protections for workers than federal law because it uses stronger language.
The most common religious discrimination claims pertain to an employer failing to accommodate a worker’s religion. The claims lead to religious accommodation cases.
Parties who feel their employer has religiously discriminated against them should consult a lawyer to learn possible next steps.
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If you or a loved one would like to learn more about Workplace Religious Discrimination California, get your free consultation with one of our Employment Attorneys in California today!