"A fair workplace rises when all are valued equally."
Understanding Religious Discrimination
What Is Religious Discrimination?
Religious discrimination is treating a person unfavorably or denying them equal opportunity because of their actual or perceived religious beliefs, practices, or affiliations.
What Could Discrimination Look Like?
Refusing to hire someone, denying a promotion of firing an employee because of their religion or lack of religious beliefs.
Offensive remarks or jokes, slurs or conduct based on a person’s religious beliefs.
Failure to accommodate an employees reasonable adjustment to their work environment or schedule to allow them to practice their religion daily or take time off for religious holidays.
Failure to accommodate reasonable accommodations to grooming policies and uniform policies to allow for religious exemption.
Forcing employees to participate or not participate in religious activities as a condition of employment.
How to Avoid Religious Discrimination?
Sex & Pregnancy Discrimination Protections Under Title VII
- Hiring, Promotion, and Employment Decisions
- Employers must not make decisions about hiring, firing, pay, promotions, job assignments, layoffs, or benefits based on an individual’s religion or religious beliefs. All employment practices should be applied consistently and focus only on job-related qualifications. Policies or actions that disadvantage individuals of certain faiths or those with no religious affiliation may be unlawful.
- Pre-Employment Inquiries
- Asking about a candidate’s religion or religious practices during the hiring process can indicate bias and may serve as evidence of discrimination if used in employment decisions. If religious data is collected for legitimate reasons such as reporting or affirmative action, it should be kept separate from the selection process to avoid potential bias.
- Compensation and Employment Terms
- Discrimination based on religion in areas such as pay, benefits, work assignments, performance evaluations, training, discipline, or termination is prohibited. Employers must apply policies equally to all employees, regardless of religious affiliation or beliefs.
- Harassment
- Harassment based on religion, including mocking beliefs or attire, making offensive jokes, or repeated derogatory comments, is unlawful when it creates a hostile or intimidating work environment or interferes with job performance. These protections also apply to perceived religion, even if the perception is incorrect.
- Retaliation
- Employees are protected from retaliation if they speak out against religious discrimination or participate in an EEOC process, such as filing a complaint, requesting a religious accommodation, or supporting a coworker’s claim.
- Segregation and Classification
- Employers may not separate employees, assign them to specific roles or shifts, or limit their opportunities based on religion. Making decisions based on assumptions about religious identity or observance is prohibited under Title VII.
- Employment Agencies, Labor Organizations, and Training Programs
- Employment agencies and labor organizations may not discriminate in job referrals, memberships, or access to training based on religion. Employers must ensure all training and advancement opportunities are available equally and provide reasonable accommodations for religious practices unless doing so would create an undue hardship.