subject: Rights of Employees against Religious Discrimination by:Mark Dacanay [print this page] The Equal Employment opportunity Commission (EEOC) reported a high of 3,273 complaints of religious discrimination in 2008. That is the highest it's been for more than a decade.
In Los Angeles, religious discrimination in the workplace has become a problem because of the diverse religious practices as a result of different cultures.
Another reason seen for the increase of this type of discrimination is the previous administration's anti-terrorist campaign in predominantly Muslim countries like Iraq and Afghanistan.
As a result, a level of paranoia has been apparent around people with different beliefs whether it is Islam or another religion.
However, it is one thing to be cautious around people. Discriminating, prohibiting and preventing them from opportunities because of their faith and beliefs is another matter.
Under the Title VII of the Civil Rights Act of 1964, employers and companies are not allowed to discriminate against employees and applicants because of their religion.
This includes the process of hiring, promoting, termination, compensation and benefits. This covers all companies with 15 or more employees including employment agencies and labor organizations.
Under Title VII:
An employer is prohibited from treating an applicant or an employee more or less favorably because of their religious beliefs. This includes:
o Refusing to hire applicants from a certain religion
o Imposing stricter requirements for promotion to persons of a certain religion
o Imposing more or different work to an employee because of his/her religion
An employer may not force an employee to participate (or not participate) in a religious activity.
Employers must accommodate an employee's religious practices unless it imposes undue difficulty to the employer. This refers to any adjustments to the working environment that allows the employee to practice his/her religion. This could include:
o Flexible schedules
o Voluntary swaps
o Lateral transfers
o Modification of grooming and clothing policies
Employees should be allowed to engage in religious expression unless it would have a negative effect in the workplace and could impose undue difficulty to the employer. Generally, religious expression should be restricted in the same manner that any other forms of expressions are regulated.
Companies should take measures in preventing religious discrimination and harassment in the workplace by implementing anti-harassment policies and providing employees an effective grievance and reporting system.
Employers can prove that certain measures or accommodations to an employee will provide them undue difficulties if it:
Requires more than ordinary administrative expenses
Decreases efficiency in the workplace
Infringes on other employee's rights and benefits
Impairs safety in the workplace
Causes a co-employee to carry burden of accommodated employee's share of burdensome work
Conflicts with company policies
In Los Angeles, religious discrimination attorneys can help victims with their legal options and protect their rights against retaliation.
Title VII protects employees from retaliation if they opposed employment practices that discriminates based on religion. This includes filing a discrimination charge, testifying and/or participating in an investigation.
A religious discrimination attorney can also help the aggrieved employee report the incident to the EEOC and represent them in litigation.
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To pursue claims for Los Angeles religious discrimination and other employment cases, consult with our skilled employment attorneys. Visit our website at http://www.employmentattorneyservices.com/ and call us toll free for immediate legal assistance.
