Religious Discrimination
Discrimination on the Basis of Religion
The Law Offices of Archibald J. Thomas, III, P.A. represent employees who have been discriminated against because of religion.
Title VII of the Civil Rights Act of l964 prohibits employers from discriminating against individuals because of their religion in hiring, firing, and other terms and conditions of employment. The Act also requires employers to reasonably accommodate the religious practices of an employee or prospective employee, unless to do so would create an undue hardship upon the employer. A reasonable religious accommodation is any adjustment to the work environment that will allow the employee to practice his religion. Flexible scheduling, voluntary substitutions or swaps, job reassignments and lateral transfers are examples of accommodating an employeeʹs religious beliefs.
Employers generally should not schedule examinations or other selection activities in conflict with a current or prospective employeeʹs religious needs, inquire about an applicantʹs future availability at certain times, maintain a restrictive dress code, or refuse to allow observance of a Sabbath or religious holiday, unless the employer can show that not doing so would cause an undue hardship.
An employer can claim undue hardship when asked to accommodate an applicant’s or employeeʹs religious practices if allowing such practices requires more than ordinary administrative costs, diminishes efficiency in other jobs, infringes on other employeesʹ job rights or benefits, impairs workplace safety, causes co workers to carry the accommodated employeeʹs share of potentially hazardous or burdensome work, or if the proposed accommodation conflicts with another law or regulation. Undue hardship also may be shown if the request for an accommodation violates the terms of a collective bargaining agreement or job rights established through a seniority system.
An employee whose religious practices prohibit payment of union dues to a labor organization cannot be required to pay the dues, but may pay an equal sum to a charitable organization. Employers must take steps to prevent religious harassment of their employees. An employer can reduce the chance that employees will engage unlawful religious harassment by implementing an anti harassment policy and having an effective procedure for reporting, investigating and correcting harassing conduct.
It is also unlawful to retaliate against an individual for opposing employment practices that discriminate based on religion or for filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or litigation under Title VII..
In Florida, the above rights are also guaranteed by the Florida Civil rights Act of 1992.
If you have been discriminated against due to religion, one of our lawyers would be glad to meet with you to discuss the protections and rights guaranteed under state and federal law and to answer any questions you may have regarding the proper method of protecting those rights.
