212.627.8100Religious freedom has been one of our nation’s most valued principles since its inception. Although much has been made about the decline in religious affiliation in recent decades, survey data conducted in 2023 find that nearly half of Americans (47 percent) describe themselves as religious, while another 33 percent report that they are “spiritual but not religious.” These numbers indicate that a substantial portion of the American workforce values their religious faith, and many of these individuals may find themselves wanting to balance their workplace responsibilities with the tenets and practices of their religion. Federal and state laws in New York prohibit employers from discriminating against a current or prospective employee based on their religious creed or practices. Additionally, it’s unlawful for an employer to harass or tolerate the harassment of an employee because of their religion.
If you have reason to believe that you have suffered an adverse hiring or employment action because of your religious faith, or if your employer has failed to provide a reasonable accommodation that allows you to continue practicing your sincerely held religious beliefs, then you may be able to take legal action against your employer. Enlisting the guidance of a highly qualified and experienced New York workplace religion discrimination attorney is the best way to ensure that you understand your legal rights and options to redress this violation of your civil rights. Let’s take a closer look at some of the most common religious discrimination in the workplace examples and the steps you can take to exercise your legal rights and recover the compensation you deserve.
Laws Against Religious Discrimination in the Workplace
First, it’s important to understand some of the laws at the federal, state, and local levels that protect employees from religious discrimination at work. At the federal level, Title VII of the Civil Rights Act of 1964 prohibits discrimination against applicants and employees based on any number of factors, such as race, color, religion, national origin, sex, and more. Under this law, the term religion refers to “all aspects of religious observance and practice, as well as belief, unless an employer demonstrates that he is unable to reasonably accommodate to an employee’s or prospective employee’s religious observance or practice without undue hardship.” In other words, an employee has the right to request a reasonable accommodation from their employer that allows them to observe their faith or practice their religion. For instance, an employer may provide a reasonable accommodation, such as flexible scheduling, that allows an employee to attend religious ceremonies or to observe religious holidays in accordance with their faith. Failing to provide reasonable accommodation to the employee, denying an employee an otherwise hard-earned promotion in favor of a less-qualified candidate, or allowing a hostile work environment in which the employee is subjected to religious harassment may all be considered violations of the Civil Rights Act. To learn more about whether your employer has violated these rights, consider discussing your concerns with a trusted and experienced employment discrimination attorney.
New York State Human Rights Law
At the state level, the New York State Human Rights Law protects employees from discrimination while also extending these protections into other areas, including “housing, credit, places of public accommodations, and non-sectarian educational institutions.” Under this law, employees and job applicants are protected from “discrimination that may require them to violate or forgo a sincerely held practice of their religion as a condition of getting hired or keeping a job.” An example of religious discrimination in the workplace could be an incident in which the employer denies a promotion to a position for which the employee is otherwise the most qualified applicant based on their observance of a religious holy day or wearing a religiously mandated hairstyle or beard. If you believe that you have been subjected to religious discrimination at work, it’s worth discussing the specifics of your situation with a trusted and experienced employment discrimination lawyer to identify the most strategic path forward.
New York City Human Rights Law
The rights of employees in New York City are also protected under the New York City Human Rights Law. This law extends protections to individuals by prohibiting discrimination, harassment, and retaliation in employment, housing, and public accommodation based on age, color, national origin, pregnancy, religion, and more. Under this law, discriminatory actions during the hiring process (i.e., job postings, interviews, salary negotiations, benefits), performance evaluations, promotions, demotions, disciplinary actions, and firing decisions based on an employee’s religion, creed, or faith are prohibited.
Filing a Workplace Religion Discrimination Claim in New York
If you have reason to believe that your employer discriminated against you because of your religion, creed, or faith, it’s natural to feel alienated and confused about what to do next. When an employer fails to honor your request for reasonable accommodation or allows you to endure continued harassment because of your religious practices or beliefs, it’s time to reach out to a dedicated and caring New York employment discrimination attorney who can listen to your concerns, assess the specifics of your case, and determine the most appropriate course of action. Together, you can determine where to file your claim (i.e., through the New York City Human Rights Commission, the New York State Division of Human Rights, or the Equal Employment Opportunity Commission). As you prepare your claim, it’s essential to keep track of all relevant information and documentation that shows how your employer used your religion to deny you a well-earned promotion or failed to work with you to offer a reasonable accommodation to which you are entitled under federal, state, and local laws. Employers have a duty to provide reasonable accommodations to their workers in order to create and maintain an equitable workplace that respects diverse religious practices and faith traditions. If your employer has breached this duty, it’s time to explore some strategies to set things right.
At Levy Ratner, our legal team is uniquely equipped to meet the diverse needs of the clients we serve. If you are struggling with a workplace discrimination issue, please call our New York office today at (212) 627-8100 to get started with a knowledgeable and experienced employment law attorney.