Religious Discrimination at Work
Religious discrimination occurs when an employer treats an employee worse because of religion, creed, religious practice, religious dress, observance, Sabbath requirements, prayer, dietary restrictions, or sincerely held religious beliefs. It can also occur when an employer refuses to provide a reasonable accommodation for religious practice unless doing so would create the legally required level of hardship.
Religious discrimination can affect employees of any faith, including Jewish, Muslim, Christian, Hindu, Sikh, Buddhist, and other religious traditions, as well as employees with sincerely held religious beliefs that may not fit neatly into a formal denomination.
What Laws Apply?
New York City employees are protected by the New York City Human Rights Law, N.Y.C. Admin. Code § 8-107. New York employees may also be protected by the New York State Human Rights Law, N.Y. Exec. Law § 296, and by Title VII, 42 U.S.C. § 2000e-2. In 2023, the U.S. Supreme Court clarified the federal religious-accommodation standard in Groff v. DeJoy, 600 U.S. 447 (2023), holding that an employer must show a burden that is substantial in the overall context of the employer’s business to establish undue hardship under Title VII.
New Jersey employees may be protected by the New Jersey Law Against Discrimination, N.J.S.A. 10:5-12.
Examples of Religious Discrimination
Religious discrimination may include:
- Refusing to hire an employee because they wear a hijab, yarmulke, turban, beard, cross, or other religious item.
- Mocking an employee’s faith, prayer, holidays, diet, or religious clothing.
- Denying schedule changes for Sabbath or religious observance without a legally valid reason.
- Forcing an employee to choose between their job and religious practice.
- Applying grooming or dress codes in a way that excludes religious employees.
- Retaliating after an employee requests a religious accommodation.
- Permitting supervisors or coworkers to make religious slurs or stereotypes.
Religious Harassment
Religious harassment may create a hostile work environment when comments, jokes, ridicule, exclusion, or pressure to abandon or adopt religious practices makes the workplace unequal. In New York City, the city-law standard is broader than federal law, and courts must analyze claims under the NYCHRL separately from federal claims, as reflected in Mihalik v. Credit Agricole Cheuvreux N. Am., Inc..
Related Fingerhut Law Pages
Failure to Provide a Religious Accommodation, Hostile Work Environment, Retaliation for Protected Activity, Wrongful Termination, NJ LAD.
Contact Fingerhut Law
If you were denied equal treatment, harassed, or punished because of your religion or religious practices, contact Fingerhut Law for a confidential consultation.
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