Because of California’s vast population, there are a wide variety of different beliefs and religions that people subscribe to. According to the Pew Research Center, 72% of Californians-around 28 million people-identify as members of a religion. As it relates to employment, these individuals are protected from discrimination under both California and federal law. As with any protected group, when they experience harassment or discrimation at their jobs because of their religion, there are remedies in place that allow them to hold their employers responsible for their illegal actions.
At Maison Law, we believe that no employee should have to suffer discrimination for any reason. At the same time, we recognize that religious discrimination occurs every day in California. In these situations, we’re here to help.
Religious Discrimination Law in California
There are two main laws governing religious discrimination in California: The California Fair Employment and Housing Act (FEHA) and the California Workplace Religious Freedom Act of 2012 (WRFA). The WRFA expanded the protections of the California Fair Employment and Housing Act (FEHA) with respect to religion. The FEHA outlaws discrimination in the workplace against certain groups of individuals, which includes members of any recognized religion. Going a step further, the WRFA:
- Defines the aspects of what can and cannot be considered religious accommodations, including dress, grooming, and attire.
- Asserts that employers must accommodate an employee’s religious practices unless it requires segregation of an employee from customers or the general public.
- Clarifies that the “undue hardship” provision relating to religious accommodation requires a more rigorous demonstration than the minimum federal standard.
Most often, religious discrimination in the workplace occurs when the employer refuses to accommodate the employee because of their attire or when their practice runs counter to work schedules or general business. Still, it can also look very similar to other types of workplace discrimination. Basically, the legal docrtines of anti-relgigous discrimination in California make it illegal for an employer to do any of the following based on a person’s religion:
- Terminate the employee
- Refuse to hire or promote the employee
- Cut the employee’s pay or reduce their work hours
- Retaliate against them for complaining about or reporting religious discrimination
Procedure and Damages Available in a Religious Discrimination Claim
When a California employee suffers religious discrimination in the workplace, there is a set procedure in place in order for them to initiate action. They first have to file a religious discriination claim with the California Department of Fair Employment and Housing (DFEH), which is an administrative body that enforces the law. Concurrently, the employee can also file a federal-level complaint with the Equal Employment Opportunity Commission (EEOC). The nature of the allegations, as well as the classification of the employer, will determine if you should file with the state or federal agency. Procedurally, both processes have much overlap and involve an initial investigation that requires the employer to respond and, in some cases, mediate your claims.
Once the administrative portion of the case is concluded, employees are issued a “right to sue” letter. This allows the employee to file a civil lawsuit against the employer. Our experienced workplace discrimination lawyers can help you assess your claim and navigate what can be a complex and trying legal process.
Additionally, California law asserts that any civil lawsuit must be filed within a specific timeframe-known as the “statute of limitations”. In California, an employee usually has three years from the date of the adverse employment action to file a lawsuit. Failure to file within that time frame could mean the forfeiture of the right to recover damages.
Top-Tier Religious Discrimination Lawyers in California
If you have faced discrimination at work because of your religion, the team of experienced religious discrimiantion lawyers at Maison Law want to speak with you. Attorney Martin Gasparian, the firm’s founder, proudly stands with clients who want to hold their employer accountable for unlawful employment practices. To schedule a free consultation, contact their office today.
