Workplace Religious Discrimination

Federal law prohibits employers from discriminating on the basis of religion. An employee’s religious beliefs and practices cannot even be a “motivating factor” underlying an employer’s decision to take adverse employment action against the employee. Adverse employment actions can include:

• Not hiring an applicant
• Firing an employee
• Transferring an employee to less attractive position
• Disciplining an employee (including putting them on a Performance Improvement Plan (“PIP”))
• Not providing the same promotions or opportunities to an employee as to other employees

Under Title VII of the Civil Rights Act of 1964, an employer also has a duty to accommodate its employee’s religious beliefs and practices if the employer can do so without an “undue burden” on its business. For example, an employee may have religious objections to an employer’s vaccination requirement. Once the employer has reason to know of its employee’s religious conflict (e.g., if the employee requests religious accommodation to an employer policy), the employer’s duty to potentially accommodate arises.

In order to file a lawsuit for discrimination on the basis of a protected classification (e.g., age, race, religion, gender, etc.), an employee must first go through the EEOC process (or a state civil rights agency) and receive what is called a “Right to Sue” letter. We assist employees through this process. In some instances, we may pursue litigation after obtaining the Right to Sue letter.

If you wish to pursue a discrimination claim against your employer or former employer, we urge you to not delay in reaching out to an attorney because strict time limits apply. Once your claim is barred based upon expired time limits, you will never be able to pursue any action to recover damages or other relief. Because of the tight deadlines in these types of cases, it is very important to reach out to an attorney before you have received your Right to Sue letter.

If you have been a victim of employment discrimination, contact us to have an experienced employment attorney evaluate your claim and see whether you have a case. An attorney will be able to tell you if you have a claim.

As part of compensating for unlawful discrimination an employer may be instructed by the court to compensate you for lost income, related economic damages, emotional distress damages, or restore an employee’s position.