Religious discrimination occurs when an employer treats an employee unfairly because of their religious beliefs or practices. Federal and state laws protect employees from this type of discrimination in hiring, workplace policies, promotions, and job assignments. Employees who experience religious discrimination should take specific steps to protect their rights and seek justice.
Document the discrimination
Keeping detailed records of discriminatory incidents helps support a legal claim. Employees should write down dates, times, locations, and descriptions of each incident. Saving emails, messages, or other written communications related to the discrimination can also strengthen a case.
Report the discrimination internally
Most workplaces have rules for reporting discrimination. Employees should follow company steps and tell a manager, human resources, or the person in charge of complaints. All employee complaints should be documented. Employers must look into the issue and take proper action.
Request reasonable accommodations
If discrimination involves a denied religious accommodation, employees should formally request adjustments to allow them to practice their faith. Employers must provide reasonable accommodations unless they prove it would cause significant hardship to the business.
File a complaint with the EEOC or CRD
If the employer does not fix the problem, employees can file a complaint with the Equal Employment Opportunity Commission (EEOC) or the Civil Rights Department (CRD). In fact, filing a complaint with either the EEOC or CRD is required before proceeding to file a lawsuit.
The EEOC is the government agency which enforces federal workplace discrimination laws. Complaints must generally be filed within 180 days. The EEOC may look into the case, help resolve it, or allow the employee to sue.
Similarly, the CRD is the state agency tasked with ensuring fair treatment of individuals in employment, housing, etc. Employees working for private employers in California have one year to file their complaints with the CRD. Employees can request an investigation or request an immediate right to sue.
Seek legal advice
Employment law experts help employees understand their rights and legal options. An attorney can guide them through the EEOC / CRD process or file a lawsuit if necessary. Legal action may result in job reinstatement or in compensation for lost wages, emotional distress, etc.
Protect against retaliation
Federal and state law prohibit employers from retaliating against employees who report discrimination. Workers should document any negative actions, such as demotions or terminations, after filing a complaint. Retaliation claims can be added to an EEOC / CRD complaint or lawsuit.
