People in America have the right to practice the religion of their choice. But what happens when you try to exercise some of your religious practices at work and your boss does not like it?
- What if you need to wear a certain type of clothing due to your religious beliefs and you are punished by your employer?
- What rights do employees have at work when it comes to their religion?
- Are all types of religious beliefs recognized by the law?
- What type of lawyer handles in the workplace?
- Can I sue my boss for telling me I cannot participate in my religious practices at work? Is religion considered a protected class?
- How do I know if my boss has provided the correct accommodation for my religious related request?
There are laws that pertain specifically to employment law that deem the denial of accommodation for religious purposes to be considered discriminatory. In some employment situations, if an employee makes a request for accommodation regarding their religion and it is denied, that employee may be entitled to sue their employer for discrimination.
Employers are required by certain laws to provide reasonable accommodation to an employee who makes a request for accommodation regarding their religion. The employer is expected to make reasonable accommodation for employees who make a request that has to do with their religious beliefs, religious beliefs that are affiliated with common religions which include rituals, ceremonies, celebrations, customs, and/or practices. For example, some employees may observe Ramadan in which the employee may fast.
"Religion" in employment law means that employers must recognize any religions and/or "religious creeds". Employers technically must recognize an employee's religious system or faith, and the traditions and practices in which the employee exercises for religious purposes. This includes moral, social, and behavior beliefs that are upheld by common religious systems.
A is the best type of legal professional to consult on employment matters regarding religion and employee rights. Should an employee have any issues regarding their employee rights, they should contact a Discrimination Lawyer for a free consultation.
Aside from even having a request granted/accommodated, an employee who even puts in a request to their employer or Human Resources Department is protected from discrimination. This means that the law recognizes that an employee has a right to make a request for accommodation in regards to their religion without being retaliated against or treated adversely because of their request for accommodation. If an employee is in fact punished for making a request for accommodation because of their religion, an employee may have the right to take legal action against their employer for discrimination and/or retaliation.
There are many ways in which an employee may find themselves being punished for asking for accommodation at work in order to practice their religion. A Discrimination Lawyer is the kind of lawyer who would be able to determine if an employee was in fact punished by their employer for making a request.
Retaliation against an employee by their employer is prohibited by law in certain circumstances. If an employee makes a request for accommodation for their religion and thereafter they are treated adversely by their employer directly or indirectly, it may be considered as retaliation.
An employer may retaliate against an employee after he or she makes an accommodation request to their employer or Human Resources department because of their religion. The retaliation may be identified by the employer's actions and/or behavior such as reducing the employee's hours, reducing the employees pay, denying the employee employment benefits, confiscating employee benefits from the employee, and/or choosing other employees over the particular employee for promotion. An employer may also retaliate against an employee who makes a request for accommodation for a religious purpose by making rude comments towards the employee, singling the employee out, name-calling or even reprimanding the employee for bogus reasons.
An example of retaliation would be if an employee's religion called for wearing a clothing that covered his or her face. The employee may make a request to their employer to permit them to wear this type of clothing to work for religious purposes. After the employee made the request the employer may begin treating the employee poorly such as reducing their shifts or giving the employee shifts that the employer knows would cause the employee hardship. In this example, the timeline shows that the employee put in the request followed by being treated poorly. This may imply that the employee was being punished for making the request which is prohibited by law. The employee in this example may have a claim against their employer for retaliation as well as discrimination. In order to carry out this claim, he or she should contact a Discrimination Lawyer to discuss their employee rights.
As an employee who needs to make a request for accommodation or has made a request for accommodation regarding religious beliefs, there is a test that the law uses to determine whether the employer must recognize the employee's particular religion and/or practice. Firstly, the employee's religion must address issues and answer questions relating to the meaning of life, death, and the performance of faith. Secondly, the employee's religion must be all-inclusive in essence, having an actual belief system rather than a secluded form of teaching. Lastly, the employee's religion can be identified by the existence of visible and explicit signs, which for example being a vegetarian would not be recognized.
So what is and accommodation? Although the above information may somewhat answer this question, it is always best to discuss your employee rights with a Discrimination Lawyer. Each case varies and differs on the facts, therefore a one-on-one with a Discrimination Lawyer is the most efficient way to decide whether you should pursue the matter in a court of law. Make sure to reach out to a Discrimination Lawyer who offers free consultations to potential clients which include no other up-front costs.
+ نوشته شده در پنجشنبه 27 ارديبهشت 1397ساعت 2:58 توسط Afshin Tehrani |