Religious Freedom in the Workplace
A person’s religious beliefs are considered a protected characteristic under Title VII of the Civil Rights Act of 1964 – but this differs from many other protected characteristics.
Religion has the element of choice that other protected characteristics don’t. One can’t choose race, ethnicity, sexuality, gender, or sex, but one can choose their religious beliefs. Religious acts are things people choose to do and are compelled to do per their religion.
This difference is important because it means that there are religious practices that the Civil Rights Act does not protect in the workplace. If you have particular religious acts that you must undertake for your beliefs, make sure they are protected by the Civil Rights Act in the workplace so they cannot be used against you.
If you’re unsure about religious freedom in the workplace, contact the attorneys at Barrett & Farahany for help.
Religious Actions That the Civil Rights Act Doesn’t Protect in the Workplace
These actions won’t all automatically get you fired. You can talk to your employer about how some of these religious acts are necessary even in the workplace and would be better for your work productivity.
Some of these may be against company policy, but company policy can be changed if you try to address it first. It’s best not to attempt one of these religious beliefs or practices in the workplace without talking to a supervisor and Human Resources first.
Not sure what counts as religious discrimination at work? Here are some religious actions that the Civil Rights Act doesn’t protect in the workplace:
1. Disruptive Practices
This may sound general, so let’s explain with an example of a disruptive practice. One would be loud religious prayer or chanting that would distract other employees and customers or disrupt another person’s ability to work. If a religious action is disruptive, your employer can legally punish or fire you without it being a form of religious discrimination.
The first telltale sign that a practice is disruptive is whether or not it’s causing an undue hardship to your employer. An undue hardship is defined by the Americans With Disabilities Act as an “action requiring significant difficulty or expense.”
2. Proselytizing
Some religious institutions encourage or maintain a policy of proselytism, which is attempting to convert someone’s religious or political beliefs. While it’s not illegal to proselytize in the workplace like it is in other countries, there are no protections for it. Your employer is allowed to demote, reprimand, or fire you for attempting to proselytize co-workers and/or customers.
Employers can punish or fire employees for proselytizing. Religious freedom in the workplace is not allowed when it is at the expense of other employees. Proselytizing has a high chance of negatively affecting the work performance of other employees, thus causing an undue hardship for employers.
Proselytizing can also be interpreted as religious harassment. It is essentially when you are trying to argue that someone should follow your faith instead of their own. Harassment is illegal in the workplace and can cause your employer more problems beyond affecting other employees’ work performance.
3. Violations of Neutral Company Policies
Companies can have neutral company policies, such as dress codes and grooming policies, that apply to all employees. You can insist that your dress or hairstyle is a part of your religious beliefs. If you can prove that it’s required and your employer cannot prove that accommodating would cause an undue hardship, they cannot demote, reprimand, or fire you. This would be a form of discrimination.
The opposite is true as well. If you can’t prove that your dress or hairstyle is required and/or they prove that your religious dress or hair would cause undue hardship, they can demote, reprimand, and/or fire you.
For instance, a place that serves food may ask you to wear hair caps to follow cleanliness rules. If this makes you unable to wear a religious headpiece or hairstyle, it may not be illegal. Your employer may not have a way to grant you an accommodation without putting your business at risk.
Contact the Employment Law Attorneys at Barrett & Farahany for Help
Title VII has done so much to protect religious freedom in the workplace, but due to the nature of religion, it can’t protect everything. It’s understandable if you don’t know what religious actions are protected and which are not.
Whether you’re confused about whether you run the risk of being demoted, reprimanded, or fired or you believe you were demoted, reprimanded, or fired for no reason, we can help you understand your situation.
Schedule a consultation with us so we can review the details of your situation and determine how you should proceed. The religious discrimination attorneys at Barrett & Farahany know how to help you understand religious discrimination examples in the workplace.
