Religious Discrimination Attorneys
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New Jersey Religious Discrimination Attorneys
Protecting Against Religious Discrimination in the Workplace
Title VII of the Civil Rights Act of 1964 prohibits employers from engaging in religious discrimination in the workplace. The New Jersey Law Against Discrimination (NJLAD) also protects against religious discrimination in employment. Under both the federal and New Jersey laws, it is illegal for an employer to treat you differently or to harass you because of your religion. Still, religious discrimination continues in many forms. If you were denied a promotion, accommodation, or a job altogether due to your religious beliefs or lack thereof, you should speak to a discrimination attorney to determine whether your rights have been violated under Title VII or the NJLAD.
Everyone has the right to apply for and receive fair consideration for any job, regardless of religious beliefs. If you were denied a promotion, accommodation, or a job altogether due to your religious beliefs or lack thereof, you might have a claim.
What Is Religious Discrimination?
If an employer treats a job applicant or an employee unfavorably because of his or her religious beliefs, that is religious discrimination. Title VII protects people in organized religions such as Christianity, Islam, Judaism, Buddhism, and Hinduism. In addition, it protects others who have “sincerely held” religious, moral, or ethical beliefs. Atheists and agnostics receive Title VII protection from discrimination as well. It is also religious discrimination to treat someone differently because that person is associated with or married to someone of a particular religion.
Likewise, the NJLAD also protects people who belong to a particular religious faith; attend a particular place of worship; are non-believers; are associated with others of a particular religion; are perceived to be of a particular religious faith; or who have strongly held, sincere, and meaningful moral or ethical beliefs.
Title VII & NJLAD Compliance
To comply with employment laws in New Jersey, there are actions employers must strictly avoid. Here are some examples of religious discrimination:
- Refusing to hire, recruit, or promote somebody because of their religious beliefs.
- Asking job applicants about their future abilities at certain times.
- Excluding a job applicant from consideration for hire if their name may be associated with a particular religion.
- Imposing stricter requirements for promotion due to someone’s religion.
- Giving someone more or different work requirements because of their religion.
- Scheduling interviews or examinations in conflict with a current or prospective employee’s religious needs.
- Terminating an employee due to their religious beliefs, or because they requested a reasonable accommodation for their religious beliefs.
- Failing to address frequent, severe, or pervasive offensive actions and remarks toward an employee’s religious beliefs.
There are some exceptions to the general rule. In some instances, religious organizations may discriminate against employees who do not conform to their beliefs. For example, a Catholic school may require all its teachers to be Catholic. Many of these cases, however, require extra scrutiny. If you are unsure if your employer or potential employer did not hire or promote you due to your religious beliefs, it is best to speak to an employment law attorney.
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What Is a Sincerely Held Belief?
Employers must accommodate an employee’s religious beliefs if they are “sincerely held.” While the sincerity of an employee’s beliefs is not usually questioned, the employee’s willingness to face termination due to their beliefs is often sufficient to prove sincerity. This issue usually comes up when an employer believes an employee wants an exception to the normal rules. For example, a company dress code might prohibit employees from displaying tattoos and piercings. If an employee protests this dress code on the grounds that it violates their religious beliefs, the employer might believe that the employee is simply trying to avoid following the rules.
Ultimately, the courts evaluate the issue of “sincerely held” beliefs on a case-by-case basis. If you asked your employer for an accommodation based on a sincerely held belief and were denied it, or retaliated against, speak to a religious discrimination attorney.
How Do I Request Accommodation for My Religious Beliefs at My Workplace?
Ask your manager or boss to meet with you. Explain that you need an accommodation that will allow you to practice your religion at work. It is possible and permissible for your employer to not be familiar with your church or religion. Be prepared to explain what your beliefs are and how changing certain workplace rules would allow you to practice your beliefs. Your boss or manager may then ask you questions about your beliefs and how exactly they conflict with work requirements.
You may then suggest accommodations. If you wish to not work on the Sabbath, you can offer to work on different days of the week. If you need to pray at a certain time, you can ask for a break at a specific time so you can pray. Your employer does not need to grant you the exact accommodation you asked for. However, he or she must try to find a solution that will work since you are legally entitled to accommodation unless your employer can prove it would cause them undue hardship.
What Is a Reasonable Accommodation for Religious Beliefs?
A reasonable accommodation for religious beliefs is an adjustment an employer makes for an employee that will not cause the employer “undue hardship.”
Examples of reasonable accommodations include:
- Flexible scheduling
- Frequent breaks and job reassignments
- Modifications to workplace policies or procedures
The adjustment is not a reasonable accommodation if it only lessens the conflict without eliminating it. However, if an accommodation would cause the employer undue hardship, the employer must still make accommodations to the extent that they can without suffering undue hardship. This is a partial accommodation.
The employer’s reasonable accommodation must not discriminate against or disadvantage the employee. The degree to which an accommodation is considered reasonable is determined on a case-by-case basis.
If there are several reasonable accommodations available, an employer does not have to choose the one that the employee prefers. They may select whichever reasonable accommodation best suits their interests.
Speak with Our New Jersey Religious Discrimination Attorneys Today
The law constantly evolves with respect to civil liberties and civil rights. Religious discrimination continues to be a complex aspect of employment law. Do not let this intimidate you. The religious discrimination attorneys at Schall and Barasch LLC have decades of experience in employee-side discrimination cases, and are equipped to advise you on your next steps as well as advocate for you.
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