Have You Experienced Religious Discrimination at Work?

The Equal Employment Opportunity Commission (EEOC) defines religious discrimination as treating a person unfavorably based on religious beliefs and practices. Federal, New York State, and New York City discrimination laws prohibit religious bias in the workplace. Further, employers are legally required to accommodate a worker’s religious practices whenever possible.

What Religious Discrimination Looks Like in the Workplace

Religious discrimination can cause significant economical and emotional harm to a person and deeply affect their lives. Common ways that employers may commit religious discrimination include:

• Demeaning comments and/or depictions of your religious beliefs
• Scheduling meetings, dates, or tests during times that conflict with your religious beliefs and practices
• Forbidding certain clothing related to your religious beliefs and practices and/or preventing an employee from having contact with customers because he or she wears religious garb
• Demoting or terminating an employee based on religious beliefs and practices
• Implementing mandatory employee programs that conflict with an employee’s personal religious beliefs and practices
• Denying time off for an individual to observe a religious holiday or practice
• Denying employment, promotion, pay raises, or other benefits to employees based on their religious beliefs and practices
• Asking a person about their religion during the hiring process
• Repeatedly attempting to convert an employee to their own religion
• Offering inferior terms and conditions of employment based on religion

The prohibitions against religious discrimination contained in the Civil Rights Act and state and city anti-discrimination law require employers to make reasonable accommodations to the religious practices of their employees, such as:

• Adapting company dress codes and grooming requirements that prohibit religious garb
• Allowing employees to trade work days so they may have holy days off
• Reasonable breaks for prayer and other religious requirements
• Permitting Sabbath observance

There are limitations to these accommodations, and they can’t impose an undue hardship on an employer. Further, if a religious practice presents a real safety hazard or hinders or prevents an employee from doing their job or essential duties of their job, accommodation may not be required.

While some smaller companies may find ways to get around the federal statute, in New York, any employer with four or more employees is subject to the state and/or city Human Rights Law. Consequently, very few employers are exempt from the requirements of civil rights laws governing religious discrimination.