Of all the workplace complaints filed every year, the complaints related to religious discrimination comprise more than 18%. It is pertinent to mention that many incidents of religious discrimination at the workplace go unreported, which means the actual number can be even higher.
Nonetheless, discrimination on religious grounds is illegal and prohibited in the US, and if found guilty, the individual may have to face legal consequences. So, if you find yourself or someone you know being discriminated against on the grounds of religion, the wisest thing to do is to get legal advice from a reputed lawyer.
Freedom of Religion in the Workplace
Religious discrimination in the workplace is prohibited under Title VII of the Civil Rights Act of 1964. Nonetheless, the federal government provides protection against discrimination based on sex, religion, race, disability, and age.
Therefore, an employer cannot base the religion of an employee as a condition of employment as long as the religious practice of the employee does not interfere with their job role or duties. An employer cannot use the religion of an employee as a basis for:-
- Hiring
- Promotion
- Compensations
- Firing
Every individual is free from government-imposed religion and can practice any religion of their choice while also keeping their religious practices to work like:-
- Wearing religious garments and hairstyles to work
- Observing religious holidays
- Avoid particular behavior or speech at the workplace.
Forms of banned discrimination
Federal and state laws forbid private employers from discriminating, and the courts have recognized different forms of banned discrimination.
- Disparate treatment discrimination occurs when an employer treats an employee differently due to their religion, race, sex, color, etc.
- Disparate impact discrimination: It is when there is no direct, intentional discrimination, but there are subtle policy functions that effectively discriminate against employees of a religion.
- Hostile work environment discrimination: When an employer maintains or allows a work environment that harasses, abuses or intimidates the employees of a particular religion.
Religious discrimination at the workplace
Simple teasing, a couple of offhand comments, or a non-serious isolated incident are not considered illegal. However, it is considered harassment and unlawful when:-
- Discrimination is so frequent that it leads to the creation of a hostile work environment.
- Discrimination results in an offensive work environment towards a religion.
- It leads to an adverse decision against employees of a particular religion.
The harasser can be the employee’s supervisor, a co-worker, a client, a customer, or a contractor.
Providing reasonable religious accommodation in the workplace
An employer must provide reasonable religious accommodation to employees in the workplace. A religious accommodation is an arrangement or adjustment that allows the employee to practice their religion. It can be related to:-
- Work schedule
- Job swaps
- Dressing
- Grooming
- Job reassignment
- Modification in workplace policies and practices
However, the accommodation must not impose undue hardship.
