Employers are prohibited from making employment decisions based on an individual’s religious beliefs. This includes hiring, promotions, benefits, and terminations. An employer cannot refuse to hire someone simply because of their religious practices.

Religious discrimination also applies to individuals who do not practice any religion. Employers cannot treat an atheist employee unfairly due to their lack of faith, nor can a company favor employees who share the employer’s religious background.

Harassment is another form of religious discrimination. Employers must ensure that the workplace remains free from inappropriate comments or treatment related to an employee’s religious beliefs. If an employee is subjected to offensive remarks, jokes, or mistreatment because of their religion, the employer may be held legally responsible.

Employees and job applicants are protected from discrimination based on religious beliefs, practices, or the absence of religion. These protections apply regardless of whether the religion is mainstream, unconventional, or a personal belief system that falls outside of organized religious traditions.

Religious Beliefs: A belief is considered “religious” under the law if it involves deeply held views on life, death, and purpose. For example, an employee who wears a hijab as part of their religious practice is protected under Title VII, whereas an employee who wears a headscarf as a fashion statement is not protected under religious discrimination laws.

Sincerely Held Beliefs: Employers must accommodate religious practices that are sincerely held. However, the sincerity of a belief may be questioned in certain cases. For example, if an employer has a policy requiring employees to be clean-shaven, and an employee claims they cannot shave due to religious reasons, the employer may assess whether this belief is genuinely tied to the employee’s faith.

If you believe that your employer has discriminated against you based on your religion, you have the right to take legal action. However, before filing a lawsuit, you must first submit a complaint to an employment enforcement agency.

Two agencies handle workplace religious discrimination claims:

• Equal Employment Opportunity Commission (EEOC) – The federal agency responsible for enforcing anti-discrimination laws.
• Department of Fair Employment & Housing (DFEH) – The California state agency that enforces similar protections at the state level.

Both federal and state laws prohibit religious discrimination, so you can file a claim with either agency. These agencies have a “work-sharing agreement,” meaning that if you file with one, a duplicate copy is sent to the other agency. This is known as “dual filing,” and it ensures that your rights are protected under both state and federal laws.

Typically, the EEOC requires claims to be filed within 180 days of the discriminatory act. However, because religious discrimination is also covered by California state law, the deadline to file a complaint with the DFEH is extended to 300 days. If the discrimination is ongoing, the deadline is counted from the last incident. It is important not to wait until the last minute, as missing the filing deadline could make your claim invalid.

Once your complaint is submitted, the agency will investigate your claim. If they determine that your employer likely discriminated against you due to your religion, you will be given a “right-to-sue” letter. This document allows you to file a civil lawsuit against your employer. It is important to note that you must file your lawsuit within 90 days of receiving the right-to-sue letter.

If you believe your rights have been violated, contact an experienced employment attorney to guide you through the legal process.

If you have been subjected to religious discrimination in the workplace, the Grupo de Abogados de Empleo en Derecho Laboral de California is here to help. Our attorneys will listen to your case, evaluate your legal options, and fight to ensure that your rights are upheld.

Consulta gratis: We offer a free initial consultation, allowing you to speak with an attorney about your case with no financial obligation.

Garantía de tarifa cero: Our law firm works on a contingency fee basis, meaning that you do not have to pay any legal fees unless we win your case. If we do not secure compensation for you, you owe us nothing.

Contact us today to discuss your legal rights and take the first step toward seeking justice.

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