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Religious Discrimination in the Workplace Guide

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Key Takeaways
  • Religious discrimination in the workplace occurs when employees experience unfavorable treatment based on their beliefs.
  • It is illegal to make employment decisions based on a worker or job candidate’s religion, such as hiring, promotions, or raises.
  • Under federal law, employers must grant reasonable accommodations for their workers’ religious observances and practices.
  • Federal and state agencies can help enforce anti-discrimination laws on behalf of workers.
  • If you’re experiencing religious discrimination in the workplace, an employment law attorney can help you understand your rights and take action.

While religious discrimination is illegal, it still occurs in workplaces, even in subtle ways. With dress codes and holiday scheduling conflicts potentially interfering with your observance, you may feel pressured to choose between your personal beliefs and your job.

You have the right to a workplace free from religious discrimination. In this guide, the trusted New York employment lawyers at Joseph & Norinsberg will explain your rights and how to prevent religious discrimination in the workplace. 

What Is Religious Discrimination in the Workplace?

Religious discrimination is the unfavorable treatment of an employee or job applicant based on their religious beliefs. Workplace discrimination based on faith can come in many forms, such as:

  • Making hiring and other employment decisions primarily based on religion
  • Denying reasonable accommodations for workers’ religious observance
  • Creating a hostile work environment through persistent, targeted harassment

However it manifests, religious discrimination in the workplace is illegal under federal and state law.

Employee Rights Under Federal Law

Religion is one of several protected characteristics explicitly outlined in Title VII of the Civil Rights Act of 1964, the federal law that prohibits employment discrimination across the U.S. Under Title VII, employers cannot legally make hiring decisions based on a candidate’s religious beliefs or factor religion into employees’ wages, hours, benefits, promotions, or assignments.

In addition to protecting from discrimination based on religion, federal law also prevents employers from forcing workers to attend a religious event or activity.

What Is a Reasonable Religious Accommodation?

Under Title VII, workers are entitled to reasonable accommodations for their religious observance unless it would cause an undue hardship for the employer’s business. A religious accommodation is likely reasonable unless:

  • The accommodation would be prohibitively expensive, relative to the size and scope of the business.
  • It would significantly reduce workplace efficiency.
  • It would violate the rights of other workers.
  • It would shift unsafe or strenuous work onto other employees.

Reasonable religious accommodations can include exemptions from parts of a company’s dress code, flexible scheduling for observing certain holidays, and breaks for prayer or other rituals.

Where Religious Discrimination Shows Up Most Often

Religious discrimination can arise during many different aspects of employment, but it crops up frequently in the following:

Dress Codes and Grooming Policies

Company dress codes might prohibit workers from wearing certain garments, headwear, hairstyles, or facial hair that some may consider a core part of their religious beliefs. For example, a company with a no-facial-hair policy would likely be obligated by law to grant an accommodation request for a Sikh man who cannot shave due to his beliefs.

Scheduling, Time Off, and Religious Observances

Workplaces with inconsistent hours or scheduling may not allow workers to take time off for religious holidays not included in the federal calendar. If working on a particular holiday would be against an employee’s religion, it may be considered discrimination if an employer ignores that employee’s reasonable and timely requests for time off.

Workplace Expression and Religious Speech

Workers are allowed to individually express their religion in the workplace, discuss religion informally with others, and organize voluntary religious activities with small groups during off-hours. However, disruptive expressions or repeatedly attempting to discuss religion with unwilling co-workers may cross the line into harassment.

Hiring, Promotion, and Workplace Bias

Whether consciously or unconsciously, employers may sometimes favor or disfavor certain job candidates based on their religious beliefs. If a Muslim woman in a predominantly Christian workplace is passed over for a promotion in favor of a less-qualified candidate, it could constitute discrimination.

Red Flags That May Signal Religious Discrimination

Signs that you or others at your workplace may be experiencing religious discrimination include:

  • Your co-workers frequently make jokes concerning your religious beliefs.
  • You’ve been passed over for a promotion, favorable assignments, or other work opportunities.
  • You’ve been excluded from certain meetings or after-work gatherings.
  • You made a time-off request for religious observance well in advance, but your supervisor has still scheduled you to work that day.
  • Most of your colleagues frequently ignore your workplace’s dress code, but your manager makes a point to enforce it when it comes to your religious clothing or hairstyle.
  • You’ve complained about a co-worker who makes rude remarks and repeatedly tries to convert you, but your boss ignores the situation.
  • A manager who runs a voluntary religious group for the office only seems to promote workers who join it.
  • Your workplace is predominantly composed of one religious group, despite workers of other religions applying for open positions.

What Employees Should Do if They Experience Religious Discrimination

If you believe you’re experiencing religious discrimination, it’s important to gather as much information as you can and act quickly:

  1. Take thorough notes of your experiences. Detail when, where, and with whom an incident occurred, as well as whether there were any witnesses present.
  2. Preserve any written communications that might establish discrimination, as well as relevant company policies and other documents.
  3. Report your claims to HR.
  4. If your employer does not resolve the problem, consider consulting with an experienced employment lawyer and pursuing an external complaint with a government agency.

How to Report Religious Discrimination

Taking your evidence to your company’s human resources department is usually the best first step in reporting religious discrimination. Even if it leads nowhere, going to HR will trigger an internal investigation and establish a paper trail showing that you gave your employer an opportunity to address the situation.

If your employer refuses to take action—or you fear retaliation for coming forward—consider filing a complaint with the U.S. Equal Employment Opportunity Commission, or EEOC. The EEOC will attempt to mediate between you and your employer, investigate your claims, and potentially issue a Right to Sue notice, allowing you to file a federal workplace discrimination lawsuit. 

State and local agencies, such as the New York State Department of Human Rights, can also help you pursue accountability for religious discrimination.

How Employers Can Prevent Religious Discrimination and Support Inclusive Workplaces

Making efforts to help employees feel more comfortable speaking up about unfair treatment can help employers quickly address religious discrimination and prevent future incidents. Some best practices companies can use to combat religious discrimination include: 

  • Encourage employees to quickly report any incidents of discrimination.
  • Take all discrimination and harassment complaints seriously and investigate them promptly.
  • Periodically review your company’s anti-discrimination policies and procedures for potential improvements, aiming to promote a diverse and respectful workplace.
  • Make sure all employees and managers receive mandatory training on preventing discrimination and harassment.
  • Create policies and systems that protect employees from retaliation for reporting discrimination.

What the Future of Religious Accommodation Looks Like in the Workplace

Over time, companies may make greater strides toward preventing religious discrimination through their own initiatives. Stronger employer policies and diversity, equity, and inclusion efforts are creating workplaces that are generally more accepting, tolerant, and forward-thinking than before.

As legal standards around religious accommodations continue to evolve, employers must stay vigilant to ensure their workplaces remain welcoming and safe for employees of all faiths.

Frequently Asked Questions on Workplace Religious Discrimination

Do Employers in New York Have to Provide Religious Accommodations?

Yes, New York employers are required to provide reasonable religious accommodations for their workers under both state and federal law.

Employers can only deny requests for religious accommodations if they cause an undue hardship on the business, such as an unreasonable expense or disruption of the workplace.

To prove discrimination at work, you must show that you were treated unfavorably compared to other employees primarily because of your religious beliefs. If there’s no direct evidence of discriminatory intent, using your own notes, patterns of behavior, testimony from witnesses, and other documents could help. 

Your employer cannot legally fire you for your religious beliefs. Your religious practices in the workplace can be constrained only if they disrupt or discriminate against other workers.

When to Speak With a Religious Discrimination Lawyer

An experienced religious discrimination lawyer can help you at any stage of the legal process, whether you’ve already hit a wall after going to HR or are just starting to gather evidence for your claims. Consider speaking with an attorney if:

  • You believe you have been rejected for a new position because of your religion, but you’re not sure how to prove it.
  • Your manager has harassed you over your beliefs, and you’re afraid your employer will not do anything about it.
  • You have witnessed a colleague experiencing religious discrimination, but you’re worried about retaliation if you come forward.
  • HR has completed an internal investigation, and you’re unsure what else to do to resolve the situation.

A trusted discrimination attorney can help explain your rights, outline your legal options, and guide you through your next steps toward the justice you deserve.