Have I Been Discriminated Against Due To My Religion?

Many people see the holiday season as a time for celebrating and togetherness, but some – especially those who are of a minority religion – can see it as a time full of pressure and discomfort. Holiday parties and team-building exercises can be unintentionally discriminatory, or in rare circumstances, can even be used as exclusionary tools. If you believe that you have been discriminated against due to your religion during this holiday season, know that you do have the right to seek compensation for what you have been subjected to.

Intentional or Unintentional

The majority of religious people are welcoming and tolerant of those with other faiths, but every so often, one will encounter an employer who engages in either subtle or open discrimination. In some ways, this kind of discrimination may even be unintentional – for example, making a Christian-themed holiday party mandatory for workers who may not share that faith, out of a wish to ‘share in the fun’ or ‘promote togetherness.’

Unintentional discrimination is, of course, much easier to deal with than an employer who intentionally treats those of different faiths as less competent or less valid. Mere comments or jokes may not rise to the level needed to file a complaint under the New York State Human Rights Law (NYSHRL), but if the behavior rises to the level of “harassment [based on] religious beliefs or practices,” it may be necessary to do so.

Reasonable Accommodations 

In addition to refraining from ‘active’ discrimination, it is also necessary for an employer to grant reasonable accommodations based on religious beliefs. While the definition of “reasonable” will vary from business to business, an employer must generally allow their workers to observe religious holidays and other important days unless it would cause an “undue hardship” to them. A Jewish employee in a 500-person business would likely be permitted to work a schedule with Fridays off for Shabbat services; a Jewish employee in a 5-person business might not be able to.

It is important to keep in mind that one need not be a member of an “organized” religion in order to ask for accommodations – even small, unrecognized faiths are protected under state law, though an employer is permitted to ask questions about the nature of one’s faith in order to determine whether or not they can accommodate it. Ideally, reasonable accommodations should be worked out between the employer and the employee – but if this does not happen, the employee may seek legal action.

Contact A New York Employment Discrimination Attorney

Holidays can be truly enjoyable, even on the job – but everyone has to be permitted to celebrate them in their own way. If you suspect that you have been discriminated against due to your religion, you have the right to seek compensation for what you have been through. A New York City religious discrimination attorney from Mansell Law, LLC may be able to help. Call our office today at (646) 921-8900 for a free consultation.

Source:

ag.ny.gov/sites/default/files/religious_rights_in_the_workplace.pdf