By Weisberg Cummings, P.C. on August 24th, 2023
Religious discrimination involves treating people differently because of their religious beliefs. Such discriminatory conduct can occur in many ways within the employment setting, including harassment, segregation, unreasonably restrictive grooming practices and other unfair employment actions. Employees who encounter such challenges may institute a civil action, but it’s important to know the essential variables to maximize your chances of success.
What Are the Religious Discrimination Laws?
Here are three elements you should consider before suing for religious discrimination:
1. First Amendment
There are two vital things to note about the First Amendment so far as religious rights are concerned. First, the law forbids Congress from establishing a religion, a provision called the “establishment clause.” Second, the law allows citizens to practice their beliefs freely to the extent that they conform to compelling government interests and public morals. This provision is called the “free exercise clause.”
Within the context of employment law, the First Amendment allows workers to practice their religions without unreasonable restrictions from their employers. Employers must accommodate persons from different religious backgrounds and refrain from implementing policies and practices that discriminate against any employee based on their religion.
2. Title VII of the Civil Rights Act of 1964
One of the most instrumental employment discrimination laws in the United States, Title VII of the Civil Rights Act, makes it illegal for employers to discriminate against workers on many grounds, including religion. The law generally applies to employers with 15 or more employees, including those working full time, part time, or on a seasonal or temporary basis. Job candidates and former employees are also covered under Title VII, regardless of the individual’s citizenship or immigration status.
Typically, independent contractors are excluded from Title VII’s protection. However, employers should be careful categorizing certain persons as independent contractors since the facts of the case may determine otherwise. If you’re confused about your employment status, it’s best to contact an employment attorney for guidance.
3. The Pennsylvania Human Relation Act (PHRA)
The PHRA is a state law providing wide-ranging protection for Pennsylvania residents. The law protects prospective, current and previous employees against religious discrimination by employers, labor organizations, employment agencies and other such entities. The Pennsylvania Human Relations Commission (PHRC) enforces the PHRA and assists the Equal Employment Opportunity Commission (EEOC) in performing its federal responsibilities.
What Qualifies as Workplace Religious Discrimination?
Employers must provide reasonable accommodation for employees in support of their religious rights. However, the employer may be excused if the request would result in undue hardship. Despite what the law says, some employers continue to discriminate against employees in many ways. Here are four examples:
1. Adverse Employment Decisions
Employers and persons acting under their authority should act fairly and reasonably when making decisions. Their actions should be free from bias and promote a conducive work environment. Therefore, when the employer hires, fires, promotes, demotes, sanctions or provides benefits based on religion, they may face legal consequences.
2. Harassment
Employees are entitled to work free from harassment, including offensive remarks about their religious practices or beliefs. While playful comments and isolated incidents may not qualify as harassment, they can become illegal when they are so frequent that they create a hostile work environment. Employers may be liable for the discriminatory conduct of supervisors, fellow employees or clients , especially when the employer fails to address the problem.
3. Segregation
Categorizing employees into religious sects or assigning them to roles based on their religion is generally prohibited by law. Employees should be treated equally and assigned tasks based on their capabilities rather than their spiritual or religious beliefs.
4. Dressing and Grooming Policies
It’s best for employers to support employees’ grooming practices unless it would cause undue hardship on the employer’s business operations. Both parties need to engage in collaborative efforts to establish clear guidelines, respecting each other’s perspectives.
For example, job applicants or employees who need dressing accommodations for religious reasons may notify the employer, and the parties will engage in an interactive process to discuss the request. If the employer denies the employee’s request without justification, they may be liable for religious discrimination.
How Do You File a Religious Discrimination Complaint?
There are several avenues for filing religious discrimination complaints. The EEOC is the primary federal agency that enforces discrimination laws in the United States and filing a complaint with the EEOC is typically the precondition to instituting a civil action. Another avenue is filing with the Department of Labor, specifically the Office of Federal Contract Compliance Program (OFCCP). For those working in Pennsylvania, you may file a complaint with the PHRC and request dual filing with the EEOC.
The filing procedure is similar across the various agencies. Generally, it involves the following:
- You file a complaint with the agency in person, online or by telephone within 180 days.
- The agency reviews your complaints and asks you to complete a questionnaire.
- The agency contacts your employer and conducts an investigation.
- Depending on the results, the agency will attempt to negotiate with your employer to find a practical solution.
- If no solution is found, you may commence legal proceedings against your employer. Concerning the EEOC, a Notice of Right to Sue will be issued.
How to Start a Religious Discrimination Lawsuit
Typically, you have 90 days to file your religious discrimination lawsuit after receiving the Notice of Right to Sue. Here are the steps for filing a religious discrimination lawsuit:
- File a complaint with the court and serve the defendant with the necessary processes. Your employer may file a defense in response to the allegations against them.
- Start the discovery process, which involves the exchange of evidence and request for other relevant information.
- Sometimes, your employer may settle out of court, especially when they realize you have sufficient evidence to support your claim. Otherwise, the case will go to trial.
- At trial, each party may present their case and have the opportunity of cross-examining each other’s witnesses. After that, the court will evaluate the facts and the law and give its judgment.
How to Prove Religious Discrimination
The first step to proving religious discrimination is gathering direct and indirect evidence. Direct evidence proves a fact and often takes the form of emails, text messages, letters, recordings and testimonies demonstrating the employer’s discriminatory motives. Indirect evidence, on the other hand, establishes religious discrimination based on inferences and includes proven facts that lead to the conclusion that the defendant is liable.
The second step to proving religious discrimination is connecting the evidence with the law. In other words, the evidence collected must establish that the employer failed to accommodate the plaintiff’s beliefs reasonably. Once successful, the court may grant the relief you’re seeking.
For example, the court may award compensatory damages, including lost income and benefits and damages for emotional distress. The court may also order your employer to reinstate you into the position you deserve or issue an injunction that bars them from doing something discriminatory in the future.
While hiring an employment attorney is optional, seeking the service of a qualified attorney can greatly increase your chances of success and take the load off your shoulders. Lawyers are trained in substance and procedure, meaning they have the knowledge to assess the merits of your case and use the required processes and procedures to secure the relief you’re seeking — this can save you time and money by confirming the validity of the claim before you file. Additionally, considering the psychological and physical stress of conducting lawsuits, it helps to seek support from a reliable lawyer.
Contact a Religious Discrimination Attorney in Pennsylvania
Weisberg Cummings is a Pennsylvania law firm with years of experience assisting clients with employment discrimination cases. Our lawyers commit time and effort to understanding your concerns and providing tailored solutions to yield the desired results. We are ready to partner with you throughout the litigation process. Take advantage of our free consultation today!
