“In 2011, the United States saw an uptake in the number of cases filed with the Equal Employment Opportunity Commission that alleged workplace discrimination on the basis of religious discrimination. In that year, 4,151 cases were filed, the highest number of filings that existed for the last 20 years. In 2015, the number was slightly lower at 3,502 cases. This information points to the idea that religious discrimination is an ongoing issue in the workplace. Religious discrimination can lead to civil lawsuits and decreased employee morale.” This article will discuss the relevant laws applicable when it comes to workplace discrimination and what falls into the category of workplace discrimination under California law.It is important to note that there are both federal and state laws in California that protect employees from workplace discrimination. The most applicable federal law that applies is Title VII of the Civil Rights Act of 1964. This law prohibits employment on the basis of religion and applies to employers with 15 or more employees. In this regard, a California law that applies to 5 or more employees is the Fair Employment and Housing Act protecting the rights of employees. The Workplace Relations Freedom Act of 2012 is another relevant state law that clarifies the subject.
It is under these laws that apply a number of prohibitions with regards to employment practices that may fall into workplace discrimination based on religion.
The Fair Employment and Housing Act prohibits employers from asking interview questions that are directly or indirectly tied to religion. For example, the Act prohibits an employer inquiring with regards to a potential applicant's religion or asking which religious holidays they observe. In addition, these laws prohibit employers from considering religion when making employment decisions. Therefore, an employer cannot refuse to hire a qualified applicant simply based on a person's religion.
The Acts also provides protection to employees within an employment relationship. For example, religion should not be a factor that is taken into consideration when an employer is determining whether to promote a particular employee. Such a decision should be based on individual qualifications as well as their work history in the organization. In addition, federal and state law also prohibits discrimination against an employee by demoting or decreasing their salary based on their religion. While an employee's salary can duly be reduced based on reasons such as absences, tardiness or misconduct; it is unlawful for an employer to deduct an employee's pay because of his or her religious beliefs. One attorney stated that "It is illegal for employers to terminate an employee because of his or her religion or religious practices. Where an employee or employees are terminated based on their religion or religious practices, the group can seek class-action lawsuit lawyers in California who specialize in employment law for legal ramifications.”
It must be noted that covered employers are required to provide reasonable accommodations for employees' religious beliefs and practices; these can include aspects such as dress and grooming.
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