An individual's religious affiliation does not stop for work. That being said, religious discrimination laws protect employees against traditional workplace discrimination scenarios as well as put in place protections for the reasonable practice and expression of law in the workplace. Like other areas of employment discrimination, religious discrimination can be obvious or hidden.

Religious discrimination can take many forms including: asking an employee what religious he or she is during a job interview, demanding that an employee work on requested religious holidays, not promoting a Jewish employee because an employer wants a Christian management team or not allowing a Muslim employee to wear religious garments to work. Disparate treatment, disparate impact and hostile work environment are the three general categories of religious discrimination. All three have the ultimate effect of limiting employment opportunities for an employee simply because of his or her religion.

When it comes to religious accommodations in the workplace, employers need to seek a balance between making decisions that are in the best interest of the company and providing reasonable accommodations for employees to practice their faith. The general test when it comes to religious accommodations should be whether it would create an undue burden on the employer. If not, then some type of accommodation should be made. This compromise may come in the form of taking a religious holiday but doing so without compensation or accepting some but not the entirety of a request. Or, giving certain holy days off but denying a request for an entire month off because of the effect such a long period would have on the business.

Whether an employee is experiencing discrimination or an employer that refuses to allow for any type of religious expression or practice in the workplace, religion in the workplace is a right protected by the Constitution as well as state and federal laws. The reality is that religion rarely affects an individual's ability to do his job. Religious diversity is an important contribution to a well-rounded work environment and if you feel like your ability to express your religious beliefs if limiting your professional career or your day to day work life, give us a call for a free consultation on the issue.