A Guide To Religious Discrimination Claims In California
Religious discrimination and discrimination based on religious beliefs are illegal in California and the United States. Employers are also compelled by California and federal law to accommodate their employees' religious views and practices. This means that you can't be fired, refused work, or punished for your religious beliefs in California.
Religious discrimination occurs when people are treated differently in the workplace because of their religion, religious beliefs, and practices. It also includes treating someone differently because they don't believe in or follow a religion.
That said, religious discrimination can manifest in two ways:
Your boss is making employment decisions based on your religion, religious beliefs, and religious practices.
Your boss refuses to accommodate your religious practices and needs.
You may have been subjected to unlawful religious discrimination if you were denied employment, dismissed, harassed, or otherwise harmed because of your religion, beliefs and practices, or your request for accommodations.
When you experience these discriminatory actions, you should contact an Employment Lawyer in California to help you go through your legal options.
How Do You Know You're Getting Discriminated For Your Religious Beliefs?
Some workers who are subjected to religious discrimination may also be subjected to other forms of illegal discrimination, such as discrimination based on national origin, immigration/citizenship status, or race.
Here are some examples of religious prejudice that could be considered illegal:
Employees' recruitment, hiring, firing, and pay cuts are affected by their religion and religious beliefs.
Refusing to hire someone because they keep the Sabbath on Saturday
Getting rid of an employee because they missed work for a holy holiday
Only promote an employee if she is willing to attend church regularly
Because they wear religious attire, an employee is transferred to a position with less public contact
Not granting a raise to an employee until they stop discussing religious beliefs with coworkers during leisure time, such as lunch or breaks
Employees are experiencing harassment because of their religion or religious beliefs.
Making fun of employees or accusing them of breaking the dress code by wearing religious garb like as yarmulkes, turbans, or hijabs
Making fun of someone for their strong Christian views on a regular basis
Laughing mocking a Muslim employee who refused to eat pork during an event
Making repeated attempts to "save the soul" of a coworker who is an atheist
Employees are refused accommodations for their religious beliefs.
Requiring a worker to come to work during Sunday Sabbath despite other employees' willingness to swap shifts
Forcing a worker to remove her hijab (scarf) to conform with the company's dress policy, even though other workers wear hats
Employees are not permitted to show religious icons or other expressions of religious belief in their workplaces, but they are allowed to display other personal things
All of these discriminatory acts can severely affect your performance at work. However, it is your right to report and make complaints to the proper agencies. Doing so will preserve your rights as a working individual in California.
To help you with your discrimination claim, contact a California Labor Lawyer to help you build a case, gather evidence, and negotiate with the at-fault party.
What if My Boss Retaliates Against Me Because I Filed a Complaint?
Filing an Employment Law Claim is a protected action in California. As a result, it is illegal to impose any employment decisions on an employee as a form of punishment or retaliation for exercising protected rights.
Your California Employment Law Attorney would almost certainly consider it a case of retaliation if you are experiencing retaliatory acts after complaining to HR or filing a claim with an agency. If you were fired as a result of retaliation, this is known as Wrongful Termination.
What is the Statute of Limitations in California for Religious Discrimination Claims?
You have within a (1) year of the last discriminatory act, you and your California Labor Lawyer should submit a claim with the Department of Fair Employment and Housing (FEHA).
Either FEHA will handle the claim, or you will be given the "right to sue." You will be free to seek out or approach your California Employment Law Attorney to submit a claim once you have been granted authorization.
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