Religious Discrimination Lawyers
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California Religious Discrimination Law Firm
Under both federal and California law it is illegal for employers to discriminate against employees or applicants based on their religion. These religious discrimination laws protect against treating a worker or an applicant differently because of their religious beliefs.
The laws are broad enough to cover both traditional and organized religions (such as Christianity, Islam, Hinduism, and Judaism) as well as others who have sincerely held religious, ethical or moral beliefs.
The laws also cover discrimination against a person because he or she is married to or associated with someone who belongs to a particular religion.
If you feel that your employer is discriminating against you based on your religion, contact us today or call us at (626) 432-5422.
Religious Discrimination Laws
California’s Fair Employment and Housing Act (FEHA)
Under California’s Fair Employment and Housing Act (FEHA) it is unlawful for an employer to:
Fire or refuse to hire someone based on their religion
Discriminate against an individual because of any potential conflict between a person’s religious beliefs and any employment requirement.
Additionally, employers must provide reasonable accommodation for an individual’s religious beliefs. This includes any observance of religious holy day (or Sabbath) and necessary time to travel both to and from a religious observance.
California’s Workplace Religious Freedom Act of 2012 (WRFA)
The California Workplace Religious Freedom Act of 2012 (WRFA) expanded the protections of the FEHA with respect to religion. The WRFA specifies that:
The accommodation aspects of the religious discrimination laws extend to religious grooming and dressing practices.
This includes facial hair, jewelry, and certain attire
A “reasonable accommodation” requires that an employee be segregated from other workers or customers and general public is not sufficient
That the “undue hardship” defense for religious and disability accommodations requires a more stringent showing on the part of the employer than the federal standard
Religious Discrimination under Federal Law
Federal law forbids religious discrimination in the workplace, including harassing a person because of their religion. Such harassment includes offensive remarks about a person’s religion, practices, or beliefs.
Federal law also makes it illegal to segregate workers based on their religion, including their clothing and grooming. For example, an employer cannot prevent a worker from contacting customers because of fear of how the customers will react to their religion.
Federal law also requires employers to accommodate an employee’s religious beliefs or practices unless the employer can prove that the accommodation would cause an undue hardship. Such accommodations may include scheduling changes and job reassignments.
Finally, an employer cannot force its employees either to participate in or not to participate in religious activities.
You May be Entitled to Damages if You are a Victim of Discrimination
Damages available to victims of discrimination will vary depending on the type of discrimination and the extent of harm the discrimination caused so it is important that you speak with an attorney when you feel that you are being discriminated against.
Awarded monetary damages may include:
Back Wages (the amount of money an employer owes an employee for work that was performed but not properly compensated. Back wages can include: Unpaid wages or salary; Unpaid overtime; Unpaid bonuses or commissions; Unpaid statutory benefits, like paid vacation or sick leave.)
Front Pay (when reinstatement or other remedies aren't possible, for example if there's no available position or the employee's relationship with the employer would be antagonistic. You can be paid the difference between your current pay (if a new job is found) and what you would have earned in your position lost due to discrimination.)
Lost higher income from a denied promotion or raise
Lost Medical benefits
Lost Pension benefits
Unpaid Bonus payments
Pain and suffering (for emotional distress damages)
Equitable remedies (such as rehiring of the employee, though it is rare for victims of discrimination to have a desire to return to a hostile work environment.)
Punitive damages as a way to punish an employer for particularly egregious wrongdoing.
Attorneys Fees and Costs