Religious discrimination is banned under federal and state law in Pennsylvania. Title VII of the Civil Rights Act of 1964 issued protections for employees persecuted or harassed because of sincerely held religious beliefs. Additionally, the law prevents employers from adverse actions because of associations an employee may have with members of a particular religion.
Following the September 11, 2001 terrorist attacks against the United States, religious discrimination has become a major hot-button topic in employment law. Employers have sought ways to distance themselves from anyone who may be perceived as a possible terrorist, instituting policies that forbid wearing of a hijab and other policy moves that single out employees who practice Islam. Caught up in the mess are other members of religious groups, such as Sikhs, who also wear head scarves, but do not practice Islam.
Globally, Christians are the most discriminated against religion in a four year study by the Pew Research Group between 2006-2010, with major discrimination against the religion happening in 111 of 160 countries. Muslims ranked second highest, with discrimination happening in 90 countries, including the US.
In 2018, the Equal Employment Opportunity Commission (EEOC) reports that 2,859 claims of religious discrimination were reported nationally. Of these, the vast majority were deemed to have no reasonable cause. Only 282 claims were found to have basis in fact, and of those, only 151 claims resulted in a settlement. Average settlement amounts totaled nearly $61,000 for successful claims.
Employers are prevented from discriminating against any individual or group regarding any aspect of employment, including hiring, termination, promotions and benefits. Harassing behavior, such as regular, negative comments, stereotypes and hurtful jokes may constitute religious discrimination. Employers are required to provide reasonable accommodations to employees for religious purposes, provided the accommodation does not cause an undo hardship.
Employment practices that might cause an employer to run afoul of the law can include grooming policies that require men to shave, do not allow head coverings, or prevent employees from taking time off for religious holidays. Even when these policies are universally applied to all employees, courts have found valid discrimination claims because of the disparate impact that can happen.
Religious beliefs, under the law, are not tied directly to theistic religions, those that believe in a God or gods, but also includes sincerely held moral and ethical beliefs. In fact, the law prevents employers from discriminating against employees who are atheistic and don’t believe in god, or religion, at all.
Some specifically-defined employers, usually religious organizations, are exempt from the provisions of the law.
Proving Religious Discrimination
Employees who hold sincere religious beliefs, and also require exceptions to company policies to accommodate their beliefs, must request accommodation from their employer. Failure to do so will almost certainly result in a finding that the case lacks merit.
Employers are expected to provide reasonable accommodation, but are not required to do so when the exception causes more than a minimal impact on the ability to do business. In many cases, exceptions can include flexible scheduling to allow for religious holidays, services and prayers, uniform and grooming policy exceptions and similar accommodations intended to prevent discrimination.
Employees may not be forced to participate, or forced not to participate, in any religious practice as a requirement of employment.
If you or someone you care about has been harassed, demoted or fired because of their religion or the religion of people they associate with, it is important to file a claim as quickly as possible. Claims are filed with the Pennsylvania Human Rights Committee (PHRC), or through federal laws with the EEOC.
A skilled employment lawyer can help you organize your case, making sure the strict timelines for filing are met and your rights are protected. Cases involving religious discrimination can be difficult to prove. An employment attorney can discuss your case, and let you know the best way to proceed.