Religious Discrimination Laws in Employment
The United States has a history of religious diversity. It has often served as a refuge for people persecuted for their beliefs in other parts of the world. This doesn’t mean that religious biases have disappeared, though. Sometimes an employee or job applicant faces an adverse action because of their faith. Workplace discrimination based on religion may involve not only firing someone or refusing to give them a job but also actions like failing to promote them, paying them less, or providing them with inferior benefits or training opportunities.
If you were affected by religious discrimination at work, you may be able to bring a claim against the employer. Complex laws and procedures govern these cases, so it’s usually best to consult an attorney. However, here is a general overview of what you might expect.
Laws Prohibiting Religious Discrimination
Religious discrimination violates federal and state laws. At the federal level, Title VII of the Civil Rights Act of 1964 prohibits this form of discrimination in the workplace. It covers businesses that had 15 or more employees for at least 20 weeks in the year when the discrimination occurred or in the previous year. Seasonal and part-time employees count toward this total.
Even minor events can become severe or pervasive if they occur on a near-daily basis over a long period of time. For example, a coworker who makes remarks about Muslims being terrorists for weeks will probably be found to be harassing a Muslim employee who brings a claim. However, if the coworker makes a single remark about Muslims being terrorists and stops when rebuked for it, this comment probably isn’t actionable.
Title VII largely protects “employees,” former employees, and people seeking employment. Sometimes an employer may argue that a worker was an independent contractor or another non-employee. The substantive relationship between the employer and the worker, rather than any label that the employer uses, determines whether the worker meets the definition of an “employee.” For example, a worker may be more likely to be considered an employee if they perform their tasks on the employer’s premises with tools provided by the employer during hours set by the employer, and if the worker does not have their own business.
If you experienced discrimination by an employer that had fewer than 15 employees, you might not be out of luck. State laws often extend to smaller employers than those covered by Title VII. If the law in your state still does not cover the employer, you should look into whether a law in your city or county might.
Proving Liability for Religious Discrimination
Many claims of religious discrimination allege that an employer intentionally took a specific action against an employee because of their faith. This is called “disparate treatment.” Employers usually do not openly state a discriminatory motive. As a result, these cases tend to rely on circumstantial evidence from which someone could infer the employer’s intent. If the employee can produce this evidence, the employer can respond by providing an innocent reason for the adverse action. The employee then would need to show that the employer’s explanation merely served as a disguise for an underlying discriminatory motive.
In other cases, an employer does not have a bad motive, but a policy or practice that seems neutral on its face has an adverse effect on people of a certain religion. This is called “disparate impact,” and it may violate the law even though the discrimination was unintentional. However, a business may be able to use this type of policy or practice if it is related to the job at issue and consistent with business necessity.
Examples of Religious Discrimination
Salman, a Muslim man, applies for a job as a concierge at a hotel. Salman has substantial experience in the hospitality industry and glowing references from past employers. Jeff, a Christian man, applies for the same role. Jeff has not worked in the industry before and was fired from his previous job for suspected theft. During Salman’s interview, the hotel manager asks how many wives he has and jokes about the idea of employing a terrorist. If the hotel ultimately hires Jeff, Salman might have a claim of disparate treatment based on his religion.
Hannah, a Jewish woman, works at a retail store. The manager applauds her work and encourages her to apply for a promotion to assistant manager, which she does. Shortly afterward, Hannah asks for time off from work to attend her son’s bar mitzvah. The manager says that he didn’t realize that she was Jewish and makes a derogatory joke. He emails her the next day to reject her application for the promotion. A Christian woman who has less experience, fewer responsibilities, and less favorable performance reviews gets the promotion instead. This might suggest that Hannah missed out on the opportunity because of her religion.
Accommodations for Religious Beliefs or Practices
In addition to avoiding discriminatory acts or policies, employers also need to provide reasonable accommodations for the religious beliefs or practices of employees. For example, a business that prohibits employees from wearing head coverings might need to make an exception so that a Muslim employee can wear a hijab. Or an employer might need to rearrange shifts so that a Jewish employee will not be required to work on their Sabbath. Employers are expected to put up with minor inconveniences if needed to provide these accommodations. However, they do not need to undertake more than a minimal cost or burden.
Procedures for Bringing a Religious Discrimination Claim
An employee who thinks that they may have experienced discrimination can file a charge with the Equal Employment Opportunity Commission, which enforces Title VII. You have 180 days to file a charge after an incident occurs, or potentially up to 300 days if a state or local agency enforces an anti-discrimination law at that level that prohibits the same conduct. (Distinctive rules apply to employees of the federal government.)
The EEOC may ask the employer and the employee whether they want to try resolving the charge through mediation. This is a non-adversarial process in which a neutral third party called a mediator will facilitate a negotiation between the parties. If they do not reach an agreement, the EEOC will investigate the case further. It will decide whether there is reasonable cause to believe that a TItle VII violation occurred. If so, the EEOC will launch a process called “conciliation.” This is a voluntary, informal effort to resolve the charge. If conciliation does not work, the case will move toward litigation. The EEOC may sue the employer, or it may issue a Notice of Right to Sue to the employee so that they can bring the case on their own.
If the investigation suggests that the employer did not violate Title VII, the EEOC will issue a Notice of Right to Sue to the employee at that point. The employee also can ask for a Notice of Right to Sue at any point after filing the charge. If 180 days have not yet passed, the EEOC will issue the Notice if it will not finish investigating the charge within that time. Otherwise, the EEOC will issue the Notice upon request. You have 90 days to file a lawsuit after getting a Notice.
Defenses to Religious Discrimination Claims
An employer facing a lawsuit based on a disparate treatment theory can argue that they had a legitimate, non-discriminatory reason for taking the adverse action against the employee. Perhaps there’s a record of a steady decline in performance that the employee can’t explain as a pretext for discrimination. If the claim involves a disparate impact theory, meanwhile, the employer can win if the policy or practice at issue was consistent with business necessity, and there was no less discriminatory alternative. They also might question the reliability of the statistical data or other evidence that the employee introduces to show the alleged impact.
In rare cases, an employer may raise what is called a “BFOQ” defense. This means that the employer was justified in making an employment-related decision based on religion because it is a “bona fide occupational qualification” that is necessary to the operation of the business. Title VII also provides an explicit exemption for religious organizations, which are allowed to prefer members of their own religion in employment-related decisions. Certain clergy members cannot bring claims under Title VII due to the separation of church and state mandated by the First Amendment to the Constitution.
Sometimes an employee has a substantively strong claim, but they neglected to pursue it in time. Unfortunately, Title VII’s deadlines are unforgiving. If you do not file a charge with the EEOC within the 180-day or 300-day deadline, whichever applies to your situation, your case will not move forward. An employer also can get a lawsuit dismissed if the employee failed to bring it within the 90-day deadline provided by the Notice of Right to Sue.
Remedies for Religious Discrimination
Under Title VII, the remedies available to an employee depend on whether the discrimination was intentional. If it was not, they have a right to a remedy that undoes the adverse action and “makes them whole.” This might involve reinstatement or hiring if they were illegally fired or denied a job. They may be awarded back pay and any missed benefits. The employer may need to systematically change its rules or procedures to prevent the problem from recurring in the future.
A finding of intentional discrimination also opens the door to compensatory damages. These may include both economic and non-economic forms of harm, ranging from the costs of a job search and medical treatment to emotional distress and lost enjoyment of life. In extreme cases, an employee might receive punitive damages as well. This usually requires showing malice or reckless indifference toward the employee’s rights.
Title VII caps non-economic, future economic, and punitive damages based on the size of the employer. An employee cannot recover more than $50,000 from a business with 15-100 employees, $100,000 from a business with 101-200 employees, or $200,000 from a business with 201-500 employees. The cap is $300,000 for larger businesses. However, more damages may be available under state anti-discrimination laws.
