There are many forms of religious discrimination that can occur in a place of employment. Importantly, the law protects employees from adverse treatment in the workplace due to their religion. It is against both state and federal law to discriminate against an employee because of their religious beliefs or for requesting a religious accommodation. If you’re an employee who requires religious accommodation, it’s essential to understand your rights.
Religious discrimination in the workplace is treating individuals unfavorably due to their religious practices or beliefs. Religious discrimination can also arise when an employee is treated in a disparaging manner for requesting an accommodation for their religious beliefs or because they are married to someone of a particular religion.
Religious discrimination in the workplace is not only illegal — it can also take a significant toll on an employee’s mental, emotional, and physical health. This form of discrimination can take place at all phases of employment, including hiring, promoting, terminating, and even team-building activities. While there are many different ways religious discrimination can occur, it’s important to be able to identify it.
Some common examples of religious discrimination in the workplace can include the following:
Notably, it is also against the law to harass someone due to their religious beliefs. Harassment can include making offensive remarks about a person’s religious beliefs, religious slurs, graffiti, or any other offensive verbal or physical conduct that is directed toward a religious group. To pursue a claim for harassment on such grounds, the conduct must be so severe or pervasive that the person being subjected to the harassment reasonably finds the work environment to be hostile or abusive. Religious harassment can also take the form of quid pro quo harassment, which occurs when employees are required or coerced to abandon, alter, or adopt a religious practice as a condition of employment.
Religious discrimination is prohibited by both state and federal law. Specifically, the Ohio Civil Rights Act, the Ohio Revised Code, and federal Title VII of the Civil Rights Act of 1964 protect employees and job applicants from discrimination based on their religion or religious beliefs. Under Title VII, an employer is required to provide reasonable accommodation for the religious practices of an employee — unless doing so would create an undue hardship on the employer.
The Equal Employment Opportunity Commission (EEOC) defines “religious beliefs” to include not only theistic beliefs, but also ethical beliefs about right and wrong that are sincerely held with the same strength as religious views. In other words, the practices or beliefs do not necessarily have to be “religious.” In addition, an individual’s religious beliefs may change over the course of time. An employee may also adhere to some beliefs of their religion, and not others.
If you have experienced religious discrimination in the workplace, you may be entitled to pursue legal action. Critically, these types of claims fall under two categories: differential treatment and failure to accommodate. The first step you should take if you have been subjected to unfair treatment due to your religious beliefs is making your company aware of what transpired. Check your employee handbook to find out the process for making a complaint — if there is no policy in place to address religious discrimination, you can go to Human Resources or whoever handles personnel issues.
By making an internal complaint with the company, you are giving the company the opportunity to investigate your claim and remedy the situation. Additionally, if you later file a discrimination lawsuit, a written complaint gives you proof that the company was on notice of the discrimination and failed to take action. In the event the company does not handle your complaint, the next step is to file a discrimination charge with the Ohio Civil Rights Commission, or the Equal Employment Opportunity Commission. It is usually necessary to pursue an administrative remedy, and try to settle your claim, before you can file a lawsuit.
If the applicable administrative agency does not resolve the matter, you can proceed to litigate your claim in court. Available damages can include damages for out-of-pocket expenses incurred due to the discrimination, medical expenses, and compensation for the emotional harm you were caused to suffer. You may also be entitled to recover back pay, front pay, attorney’s fees, and court costs.
If you were subjected to religious discrimination in the workplace, it’s critical to have a knowledgeable attorney by your side who can advise you regarding your legal rights and remedies. Located in Westlake and providing reliable representation to clients throughout Ohio, employment law attorney Chris Lalak is dedicated to advocating for the rights of workers who have been wronged by their employers. Contact Lalak LLC today to schedule a free, confidential, no-obligation consultation and learn how we can assist you.
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