Religious Discrimination
Religious discrimination is treating individuals
differently in their employment because of their religion, their religious
beliefs and practices, and/or their request for accommodation (a change in a
workplace rule or policy) of their religious beliefs and practices. It also
includes treating individuals differently in their employment because of their
lack of religious belief or practice.
Title VII of the Civil Rights Act of l964 prohibits
employers from discriminating against individuals because of their religion in
hiring, firing, and other terms and conditions of employment. The Act also
requires employers to reasonably accommodate the religious practices of an
employee or prospective employee, unless to do so would create an undue
hardship upon the employer. Flexible scheduling, voluntary substitutions or
swaps, job reassignments and lateral transfers are examples of accommodating an
employee's religious beliefs.
Employers cannot schedule examinations or other
selection activities in conflict with a current or prospective employee's
religious needs, inquire about an applicant's future availability at certain
times, maintain a restrictive dress code, or refuse to allow observance of a
Sabbath or religious holiday, unless the employer can prove that not doing so
would cause an undue hardship.
An employer can claim undue hardship when
accommodating an employee's religious practices if allowing such practices
requires more than ordinary administrative costs. Undue hardship also may be
shown if changing a bona fide seniority system to accommodate one employee's
religious practices denies another employee the job or shift preference
guaranteed by the seniority system. An employee whose religious practices
prohibit payment of union dues to a labor organization cannot be required to
pay the dues, but may pay an equal sum to a charitable organization.
For further information on discrimination, please
visit our sister site,
FightDiscrimination.net.
For a free consultation with an experienced employee
rights attorney, contact David Spivak:
- Email David@SpivakLaw.com
- Call toll free (877) 876-5744
- Visit The Spivak Law Firm, 16530 Ventura Boulevard Suite 312 Encino, CA 91436
- Fax (310) 499-4739
For further information on your rights in the work
place, please visit our other websites:
