Religious Discrimination

The modern work environment brings together individuals from diverse cultures, beliefs, and identities, strengthening organizations. It also requires an understanding of legal and ethical duties. Discrimination based on religion is illegal in both the U.S. and California, and this protection is supported by law and not merely by company policy. Title VII of the Civil Rights Act of 1964 establishes nationwide protections against religious discrimination. Whereas the California Fair Employment and Housing Act (FEHA) offers broader protections in certain areas, such as employer coverage and accommodation requirements.

The interaction of these laws is critical to understanding how to comply with them, safeguard employee rights, and encourage inclusivity. You want to hire an employment law attorney to explain these laws and help you navigate the justice system. At Empower Sexual Harassment Attorneys in San Diego, our lawyers are ready to defend your rights and secure the justice and compensation you deserve.

California Laws on Religious Discrimination

The Fair Employment and Housing Act (FEHA) in California prohibits discrimination based on various characteristics, such as religious creed. In contrast to Title VII of the federal law, which covers employers with 15 or more employees, the provisions of FEHA on anti-discrimination cover employers with five or more employees. It also protects against harassment in any workplace, whether small or large.

There are also more direct protections of religious practices provided by California law. The California Workplace Religious Freedom Act (WRFA) of 2012 reinforced FEHA by broadening the definition of religion to cover religious dress and grooming, including such things as:

• Religious clothing
• Head or face coverings
• Jewelry
• Artifacts
• Somebody’s head or facial hair

Employers should make exceptions to appearance requirements to accommodate such practices.

WRFA also explicitly prohibits a so-called accommodation sometimes used in the past, separating an employee from customers or the public because of their religious appearance, unless the employee specifically requests it. This shift was aimed at situations in which visibly religious workers, such as a Sikh man in a turban, were relocated out of sight as an alleged accommodation.

Another key difference is California’s more stringent standard for what qualifies as an undue hardship. Under FEHA, an employer can refuse a religious accommodation if it poses a significant difficulty or cost to the business.

This is an elevated standard compared to the previous federal de minimis standard, and some of the criteria that are taken into consideration are the cost and nature of the accommodation, the size of the business, and the nature of operations.

The National Trend and the Precedent in California

Previously, federal and California laws provided significantly different protection for religious accommodations. The de minimis standard under the federal law gave employers an easier way to reject requests. By contrast, California had a much more stringent requirement that employers demonstrate that the request would cause substantial difficulty or expense.

In 2023, the U.S. Supreme Court case of Groff v. DeJoy brought the federal standard closer to the California one. Employers must demonstrate that a request can lead to substantially higher costs to deny a request. This major shift brings federal protections in line with what California has been doing for a long time.

What used to be a strict California model is now an example of national protections. Key features of California law, such as banning segregation and the high standard of “undue hardship” under FEHA and WRFA, have contributed to the national discussion of religious fairness in the workplace.

The Groff decision implies that employers across the country should be more concerned with requests for religious accommodation. California affirms and confirms the state as a pioneer in protecting religious rights at the workplace. However, employers and employees must know the state’s rules, since they are a good example of fairness and inclusion.

Understanding Sincerely Held Religious Beliefs in the Workplace

One of the most essential factors in a religious accommodation or discrimination case is proving that the belief is a “sincerely held religious belief.” Title VII and the California Fair Employment and Housing Act define religion broadly to include not only the more traditional organized religions but also moral or ethical beliefs to the same extent of conviction as a religious belief. These beliefs might be new or uncommon, unique to one person, or outside mainstream religions, and they can still be legally protected.

However, not all beliefs qualify. Personal preferences, social or political views, and economic philosophies are not covered by the law. For example, the courts have determined that veganism can be a sincerely held religious belief under some conditions. Another case was that of a teacher who quit his job after he lost an accommodation based on his belief regarding the use of pronouns.

Employers are expected to take accommodation requests seriously. They can doubt the sincerity of a belief only when there is objective evidence to do so, namely, when the actions are inconsistent. Any inquiry should be respectful and limited, avoiding intrusion into personal faith.

Understanding the Types of Discrimination

Disparate Treatment

This type of direct discrimination happens when an employer mistreats a person due to their religion. It can happen on any level of employment:

• Hiring and Firing: Refusing to hire or fire an individual because of their religious beliefs or practices, including wearing a turban, hijab, or yarmulke, is illegal. In a case before the Supreme Court, the Court held that an employer may be held liable even when they were not certain of the religion of the applicant, as long as the employer had acted out of a desire to evade a religious accommodation

• Promotions and Compensation: This involves refusing to promote, train, or pay a person equally on the basis of religion
• Harassment: Unwanted remarks, jokes, or ridicule concerning religious clothing or beliefs

Disparate Impact

This is applicable in the case where a neutral policy affects a religious group disproportionately negatively, but without the intention of doing so. An employer has to demonstrate that such a policy is job-related and essential to the business operations to justify it.

As an example, a strict no-headwear policy may seem fair for everyone, but it would affect the Sikh, Jewish, and Muslim workers whose religions demand head coverings disproportionately. The policy can be deemed unlawful unless the employer can prove that there is a justifiable need to have the rule.

Both forms of discrimination are unlawful, and understanding them is necessary to make the workplace compliant and safeguard the rights of employees.

Duty to Accommodate

The Affirmative Obligation

Religious non-discrimination laws require employers to accommodate the religious beliefs and practices of employees to the extent that such accommodation is reasonable unless it causes undue hardship. The term “reasonable accommodation” refers to any adjustment to a work rule, policy, or schedule that allows an employee to meet religious obligations without compromising work obligations.

Interactive Process

In California, employers must participate in a timely, good-faith interactive process when an employee requests an accommodation. This means that there should be a respectful dialogue to seek solutions to resolve the conflict between the job requirements and religious practices.

Employers are advised to concentrate on the conflict in the workplace instead of doubting the credibility of the beliefs unless there is a reason to believe that insincerity is at play. The questions should be aimed at the type of conflict and the adjustments that can be made, and should not be intrusive to the employee’s privacy.

Common Examples of Reasonable Accommodations

• Scheduling: This can include giving an employee the time to take religious holidays, changing shifts to accommodate the Sabbaths, prayer breaks, or shift swaps on demand
• Dress and Grooming Adjustments: Permitting religious wear like hijabs, turbans, or yarmulkes; hairstyles; or facial hair worn for religious beliefs
• Prayer Breaks and Spaces: Allowing prayer breaks throughout the day, and a separate space should be available and practical
• Alternatives to Union Dues: Employees with a religious objection to joining the union should be permitted to pay the same amount to a non-religious charity

The Undue Hardship Defense

In California, employers face a high bar when refusing an accommodation. To claim ‘undue hardship.’ They must show that granting the accommodation would cause significant difficulty or expense, considering the company’s size, resources, and budget, as well as the cost and nature of the accommodation.

Notably, the bias of a customer or coworker is not considered undue hardship. As an example, saying that a headscarf is said to project the wrong image is not a good reason to refuse accommodation.

The Correlation between Law and Workplace Culture

The California Workplace Religious Freedom Act does not allow employees to be accommodated by isolating them in a manner that separates them from the customers or the general population unless they demand it.

This provision was developed to address instances where religious employees were adorned with clothes or hair out of sight. This indicates that accommodations are not supposed to be of a second-class status. The aim is to make employees fit in the workplace without compromising their religious identity.

This approach shifts the focus from simply finding a workaround to ensuring that accommodations are dignity-affirming, inclusive, and supportive of the employee’s rightful place in the workforce.

Harassment, Retaliation, and Other Unlawful Conduct

Religious Harassment and Unfriendly Workplaces

According to the California Fair Employment and Housing Act, religious harassment happens when unwanted conduct or remarks that are based on religion are extreme or frequent to the extent that they modify the working conditions and result in an unpleasant environment.

The law distinguishes between isolated, insensitive comments, which do not usually qualify, and repeated, abusive behavior or a severe incident, such as profound humiliation or threats. As an example, a court ruled that there was a hostile work environment in which a supervisor and other colleagues repeatedly expressed hatred toward Muslims.

The liability of the employer is based on the role of the harasser. Under Title VII and FEHA, employers are generally liable for harassment by a supervisor if it results in a tangible employment action such as termination or demotion. If no such action occurs, liability may depend on whether the employer took reasonable preventive and corrective measures.

In the case of harassment by a fellow employee or non-employee, the employer is responsible when they knew or should have known about it and did not take prompt and proper corrective measures.

Retaliation Protection

Federal and California laws forbid retaliation against employees who exercise their rights protected by the law. This involves protesting against religious discrimination, seeking an accommodation, or protesting against discrimination.

Retaliation is a distinct legal violation, separate from the underlying discrimination itself. An employee cannot be punished because they requested religious accommodation, whether or not the accommodation was given. Negative treatment includes demotion, refusal of promotion, or dismissal following an employee raising a concern or making a complaint.

This is necessary to protect the employees so that they are not afraid of speaking up without being punished, which is critical in implementing anti-discrimination laws.

Exceptions to the Rule

Religious Organization Exemption

Title VII and the FEHA of California have some exemptions for religious organizations. Under federal law, bona fide religious organizations may take religion into account when hiring for any position, from leadership roles to support staff, as long as the preference is based on religious affiliation and not other protected traits. Nevertheless, they are obliged to abide by other discrimination laws; that is, they cannot reject hiring a woman for a leadership position based on gender bias.

The FEHA exemption is limited to nonprofit religious associations or corporations in California, and the exemption is narrower than the federal one in general.

Ministerial Exception

The First Amendment is the basis of the ministerial exception, which protects religious organizations against governmental intrusion into the selection of religious leaders and teachers.

This implies that non-discrimination laws do not apply to the hiring or firing of such positions. The exemption does not apply only to ordained clergy but may apply to other jobs that carry out critical religious or so-called ministerial functions.

California Healthcare Facilities

California restricts the exemption of religious organizations in some sectors. In 1999, legislators revised the Fair Employment and Housing Act to overrule a state Supreme Court ruling that had given blanket exemptions to religious-affiliated hospitals.

The amended law requires religious institutions that operate hospitals and healthcare facilities to comply with FEHA when they serve the general population. The exception is that they might favor members of their faith for executive or pastoral-care appointments.

This change reflects California’s policy of protecting employees in non-religious roles at religious organizations. It ensures they are covered by anti-discrimination laws, even if their employer is a religious institution. You want to consult your lawyer on how to address being discriminated against if you do not have the same religious beliefs as your employer.

Enforcement and Remedies

Employee Complaint Process

There are specific actions that employees should undertake in case they feel that their religious rights have been infringed.

• Internal Actions: Begin by recording all the incidents, discussions, and negative acts that have taken place with regard to the discrimination. Write a journal, keep pertinent emails, and collect documents. Provide a written account of the issue to a manager or Human Resources, creating an official record and informing the employer
• External Filing: To maintain legal rights, a formal complaint should be made to a state or federal agency

• California Civil Rights Department (CRD): Implements FEHA. The complaints should be made within three years after the discrimination
• Equal Employment Opportunity Commission (EEOC): Implements Title VII. Because California has its own civil rights agency, employees in the state generally have up to 300 days from the incident to file a charge with the EEOC

These deadlines must be met; failure to meet them may forever disbar a claim. Before filing a lawsuit in court, an employee must first file a complaint with either the EEOC or the CRD and obtain a right-to-sue notice.

Possible Remedies and Damages

California and federal law offer various remedies when an employee demonstrates in court or through a settlement that they were the victim of religious discrimination, harassment, or retaliation. These remedies aim to achieve three primary objectives:

• Pay the employee damages for financial and personal injury
• Put them back to where they would have been without discrimination ever happening
• Discourage employers from repeating such misconduct in the future

The knowledge of these remedies is vital for employees who want to obtain justice and employers who want to abide by the law.

1. Economic Damages

Economic damages are meant to compensate the employee for the actual financial losses caused by the discriminatory act. They are meant to restore the employee to financial stability. They include the following:

• Back Pay

Back pay is the compensation of lost wages and benefits between the date of the discriminatory act (wrongful termination, failure to promote, or demotion) and the date that the case is settled.

As an example, if a retail employee is fired because they refused to take off religious garments and it takes them 18 months to secure a new job, they can be compensated with all the wages and benefits they would have earned during this time.

Other benefits include employer-paid health insurance, commissions, overtime, and bonuses. Courts usually demand elaborate evidence of such losses, including pay slips, tax returns, and employment records.

• Front Pay

Front pay is used to cover future lost wages if it is not feasible or possible to reinstate the employee to their previous job.

This applies when:

• The working conditions are still unfavorable
• Its role has been abolished
• The employment relationship is too damaged to be successfully restored

While calculating, courts look at the age of the employee, the career opportunities of the employee, and the existence of similar jobs in the labor market.

2. Non-Economic Damages

Non-economic damages deal with the emotional and psychological damages brought about by the discrimination. They are not associated with a direct amount in dollars like economic damages, but may lead to significant awards.

Pain and Suffering & Emotional Distress

This type of damage involves the following:

• Anxiety, depression, humiliation, or loss of self-esteem
• Personal relationship stress
• Bodily manifestations of stress, such as headaches or sleeplessness

Evidence needed includes the following:

• Testimony of personal experience of the emotional impact
• Family, friends, or colleagues’ testimony of behavior or mood changes
• Medical or mental health records of a therapist, psychologist, or psychiatrist

Courts closely assess whether the claimed emotional damages are credible and consistent with the facts. Unsupported exaggerated claims may harm the case.

3. Punitive Damages

Punitive damages are not compensation-oriented; they are punishment- and deterrence-oriented. They are granted only when there is severe misconduct and may be significant.

Some of the instances where punitive damages may apply include the following:

• The employer was malicious, oppressive, or fraudulent
• The discrimination was either deliberate, malicious, or done in reckless disregard of the rights of the employee

According to the California Civil Code 3294, punitive damages must be proved by clear and convincing evidence of malice or gross indifference. Examples include:

• A boss dismissing a worker simply because of their faith after repeatedly ridiculing them
• An employer who punishes an employee who made a discrimination complaint by falsifying poor performance reviews to fire him

Factors that affect the magnitude of your award include the following:

• The gravity of the wrongdoing
• The financial capability and size of the employer
• Whether the behavior was a component of a larger trend in the company

Find a Reliable San Diego Employment Law Attorney Near Me

California law has potent protection against religious discrimination, and the regulations are more rigorous than those in federal law. Employers must comply with laws like WFRA by making reasonable accommodations to religious practices, protecting dress and grooming preferences, and never isolating employees and customers as a remedy.

Such accommodations must be sensitive to the employees’ beliefs and their dignity in the workplace. Employees are expected to understand their rights, when treatment becomes harassment, and to take prompt action to comply with CRD or EEOC deadlines. Revenge is prohibited. At Empower Sexual Harassment Attorneys, our lawyers in San Diego will assist you if your rights have been infringed. To obtain legal advice and protection of your workplace rights, contact us today at 619-604-3027.