Religious discrimination in the workplace is a growing issue in employment law, affecting both employers and employees. With an increasingly diverse workforce, understanding legal protections and obligations regarding religious beliefs and practices is essential. Let’s dive into how federal and state laws handle religious discrimination and what both employers and employees should know.
What Is Religious Discrimination?
Religious discrimination occurs when an employer treats an employee unfavorably because of their religious beliefs or practices. This includes:
- Hiring and firing decisions based on religion.
- Denying promotions, raises, or job assignments due to religious beliefs.
- Harassment related to an employee’s faith.
- Failure to provide reasonable accommodations for religious practices.
Federal law prohibits religious discrimination under Title VII of the Civil Rights Act of 1964, which applies to employers with 15 or more employees (42 U.S.C. § 2000e‑2). West Virginia’s Human Rights Act provides similar protections at the state level and applies to employers with 12 or more employees within West Virginia (W. Va. Code § 16B-17–9).
Reasonable Accommodations for Religious Practices
Employers must provide reasonable accommodations for an employee’s religious beliefs and practices unless doing so would cause an undue hardship. Common accommodations include:
- Flexible scheduling for religious observances.
- Dress code exemptions for religious attire (e.g., hijabs, turbans, yarmulkes).
- Prayer breaks during work hours.
The Supreme Court has clarified that employers must prove an accommodation would impose a substantial burden before denying it (Groff v. DeJoy, 600 U.S. 447 (2023)).
Religious Harassment in the Workplace
Religious harassment includes offensive remarks, jokes, or actions that create a hostile work environment. While occasional teasing may not be illegal, repeated or severe harassment that affects work conditions can violate Title VII (EEOC v. Abercrombie & Fitch Stores, Inc., 575 U.S. 768 (2015)).
Employers should:
- Have a clear anti-harassment policy covering religious discrimination.
- Investigate complaints promptly.
- Train managers and employees on workplace diversity and inclusion.
What Employers Can and Cannot Do
Employers can:
- Ask about work availability but cannot target religious holidays.
- Enforce neutral dress codes unless accommodations are requested.
- Maintain productivity standards as long as they do not discriminate.
Employers cannot:
- Require employees to participate in or refrain from religious activities.
- Treat employees differently based on religion.
- Retaliate against employees for requesting religious accommodations.
What Employees Should Do If They Face Religious Discrimination
Employees who believe they’ve been discriminated against should:
- Document incidents of discrimination or harassment.
- Report concerns to HR or a supervisor.
- File a complaint with the EEOC within 180 days (or 300 days if a state agency enforces similar laws).
- Seek legal counsel if the issue remains unresolved.
Conclusion
Religious discrimination laws protect both employees’ rights to practice their faith and employers’ rights to manage their workforce. Clear policies, open communication, and legal compliance can help create a fair and inclusive workplace.
