Religious Discrimination

Dear Community Members,

Last week, I was contacted by a client who was a high performing sales employee at a major beauty line retailer before having to resign due to grossly hostile behavior she had experienced from an upper level manager in the workplace. After having a lengthy consultation, it turns out she had been treated unfairly and ultimately shunned by her managers and upper level executives after putting in a request for a religious accommodation.

In sum, she had become more observant over the last few years and was ready to take the step to full Shabbat observance. After listening to all the facts (and unable to disclose based on confidentiality reasons), I was appalled on how such behavior and statements can be made in 2018. Well on the contrary, religious discrimination and all other forms of discrimination, is still very much rampant in the workplace. Especially, when living in such a diversified city as New York. Thus, as the summer season is ready to cool off and with employers and employees bracing full-time work schedules in the coming fall season, I find it only appropriate to discuss common legal issues that arise in the workplace. Particularly, religious discrimination amongst employers and/or colleagues who treat certain employees differently based on their religious beliefs and individual religious preferences.

With that said, there are numerous federal and New York State laws that make it illegal to treat employees differently because of their religion. Now “Religion” can be defined as, spiritual or religious beliefs that are not associated with an organized church or other group and can include atheist or agnostic beliefs.

As a general rule, employers cannot refuse to hire or treat individuals differently than other employees with job duties, tasks, discipline, promotions, compensation or other fringe benefits because of their religion. Even in such cases, where an employee may only be perceived to be of a certain religion (i.e., their employer or colleague believes they “look Jewish,” when in fact they are not). The employee is still afforded protection under the law against discrimination based on even “a perceived religion.”

THE LAWS THAT PROTECT

Title VII of the Civil Rights Act of 1964 (“Title VII”) is the federal law that protects employees against religious discrimination in the workplace. Title VII covers all private employers, state and local governments, and educational institutions that employ 15 or more individuals.

Title VII prohibits employers from discriminating against individuals because of their religion, or lack of religious belief, in hiring, firing, or any other terms and conditions of employment. Title VII also prohibits religious harassment of employees, such as offensive and derogatory comments about an employee’s religious beliefs or preferences.

Under Title VII, religious harassment is unlawful when it is so frequent or severe that it creates a “hostile work environment” or when it results in an adverse employment decision (such as being fired or demoted). However, the one exception to the religious discrimination provisions is if your employer is a religious organization or a religious educational institution. Religious organizations can give employment preference to members of their own religion, but this exception applies only to institutions whose “purpose and character are primarily religious.”

The Equal Employment Opportunity Commission (EEOC) is the agency of the federal government responsible for investigating charges of job discrimination based on religion in workplaces of 15 or more employees.

Under New York State law, under Title VII, an employee must file a charge of discrimination with the Equal Employment Opportunity Commission (“EEOC”) within 300 days of the most recent discriminatory act. Once a Notice-of-Right-to-Sue is received from the EEOC, an employee must file his or her lawsuit within ninety (90) days in federal court.

The New York State Human Rights Law (“NYSHRL”) and the New York City Human Rights Law (“NYCHRL”) also forbid any form of discrimination based on religion in the workplace and protect employees working for businesses employing four (4) or more people. Under the NYSHRL and the NYCHRL, an employee must file a claim in court within three (3) years of the last discriminatory act.

FORMS OF RELIGIOUS DISCRIMINATION IN THE WORKPLACE

1. Disparate Treatment: Employers may not treat employees and/or employment applicants differently regarding any aspect of employment based on their religious beliefs or practices.
2. Failure to Provide Religious Accommodations: The law requires an employer or other covered entity to reasonably accommodate an employee’s religious beliefs or practices, unless doing so would cause more than a minimal burden on the operations of the employer’s business, otherwise known as an “undue hardship.”
3. Religious-Based Harassment: Employers may not subject employees to harassment because of their religious beliefs or practices. Religious-based harassment occurs when an employee is required or coerced to change a religious practice as a condition of employment or subjected to unwelcome statements or conduct that is based on religion.

WHEN FACED WITH RELIGIOUS DISCRIMINATION IN THE WORKPLACE

When you believe you have been discriminated against because of your religious beliefs, you should always first raise the issue directly with your employer. Then take the following steps:

1. Collect any discriminatory statements made by the employer. If the statement comes in as a letter, text, or email, save it. If the evidence is based on an oral statement, try to remember it word-for-word and memorialize it on paper as soon as you can (best practice in such a situation is to type the statement electronically in some form that has a time stamp such as a text message, so your employment attorney can prove the time and place in court).
2. Photograph any discriminatory images, displays, or cartoons that indicate possible religious discrimination.
3. Research your employer’s complaint procedure and make a complaint about the discrimination pursuant to that procedure. As an employee with such a claim, you have to give your employer an opportunity to remedy the situation. Make sure you follow your employer’s complaint procedure, if there is one, and report the discrimination to the correct person. Moreover, provide the person to whom you’re complaining (whether HR or a manager) with copies of all the evidence you’ve accumulated. Remember, the employer doesn’t have to fire the person discriminating against you or inform you of the results of any investigation. They only have to make the discrimination stop.
4. Take statements from other witnesses or fellow employees.
5. Keep records of all mental health visits and treatment that you received as a result of the religious discrimination.
6. Remember that it is also illegal to take any retaliatory action against an employee for complaining about religious discrimination. So, don’t worry, your attorney can file an additional claim!

REMEDIES AVAILABLE TO EMPLOYEES SUBJECT TO RELIGIOUS DISCRIMINATION IN THE WORKPLACE

If you are a subject to religious discrimination in the workplace, you have numerous legal and monetary protections under the laws:

1. Reinstatement into the position you were refused, or terminated from, as a result of religious discrimination;
2. Back Pay/Lost Wages;
3. Emotional Distress damages;
4. Attorneys’ Fees to bring your legal action; and
5. Punitive damages (used to punish employer who committed an exceptionally reckless or malicious act of discrimination).

 

If you are denied a religious accommodation for your religious beliefs or discriminated against due to your religion, you are entitled to protection under the law. With offices in Queens and Midtown Manhattan, please feel free to contact Jonathan Shalom, Esq. at (516) 261-2190 to discuss your potential employment case in further detail.

By Jonathan Shalom, Esq.