What is Disparate Treatment Discrimination

Under the First Amendment, Americans enjoy two liberty concerning religion: the right to be free from a government-imposed faith, and also a right to practice any faith.  While private employers aren't bound by the Constitution's limitations on government, they are subject to state and federal laws that prohibit religious discrimination in employment.  Given the number of employed persons and the range of religious faiths in this country and the freedom we like to express our views, the topic of religious discrimination continues to pose tough questions for companies and the courts.

Due to our nation's great diversity, companies may hire workers from a terrific selection of countries and spiritual backgrounds.  In an ideal work environment, the spiritual beliefs of a certain worker, or of the employer, don't create conflicts.  Either is free to think as he or she selects and, provided that the job gets completed satisfactorily, neither will experience difficulty on the basis of faith.  Yet, in real life, a variety of problems can appear to create friction.  An employer and employee may talk, or even argue over, spiritual principles.  What's more, faith isn't only a matter of belief.  The faithful practice their faith through various actions -- fashions of dress, a way of maintaining or sporting one's hair, trying to recruit others to their religion, after particular diets, praying, fasting, avoiding certain language or behavior, and observing certain religious holidays.  Quite simply, the many features of different religions give ample ground for debate, conflict, as well as harassment among employers and workers.

The First Amendment establishes certain boundaries concerning government establishment of religion and the person 's right to free exercise of a chosen faith.  In the private sector, the subject of religion is regulated by federal and state civil rights legislation.   Title VII prohibits private employers from discriminating on several bases, including race, color, religion, gender, or national origin.   The courts have recognized various types of illegal discrimination, such as disparate treatment, disparate impact, and a hostile environment.

Disparate Treatment Discrimination

Disparate treatment is an overt form of discrimination, involving unequal treatment on the grounds of a worker 's religion.  An employer with a policy of refusing to hire or to market (or just hiring and encouraging ) members of a specific faith would perpetrate this form of discrimination.  Some companies whose business purpose is spiritual in nature may be allowed to require certain employees to adhere to a specific faith.  Courts will look carefully, however, at the validity of the company 's requirement for the position.

Disparate Impact Discrimination

A more subtle form of discrimination arises through disparate effect.  An employer discriminating in this way has no state policy for treating one or more religious groups unequally.  Instead, a policy which makes no mention of a specific faith still functions to discriminate by changing only certain religious groups.  By way of instance, a rule which discourages men from wearing any sort of hat or other clothes on their minds during the company day may struggle with the dress rules of a specific religion that needs headwear to be worn in public.

The third type of discrimination occurs when the employer asserts (or permits ) a hostile environment for workers of particular faiths.  Normally, this appears where co-workers harass a worker on the grounds of her or his faith, to the purpose of producing an abusive or intimidating work environment.  The harassment must be severe or pervasive to be able to constitute discrimination under a hostile work environment theory.  Therefore, a simple disagreement over religious principles would likely not constitute unlawful harassment.  Severe insults or threats, or continuing words and actions intended to harass or intimidate an employee on the grounds of faith, however, could cross the line of legal conduct.  

While companies have a duty to accommodate the religious beliefs of the employees, the employer does have some leeway in how it conducts its business.  There's a point where the changes which must accommodate an employee become overly burdensome on the employer.  Most likely, a petition by an employee to exchange shifts when their religion prevents working on Saturdays is very likely to be reasonable.  But less reasonable might be a request that a worker has a specific holy month off every year.  Whether an employer's policy that restricts the behavior of members of a specific religion is unreasonable depends on the conditions.  A project may also have certain qualifications or prerequisites which have the effect of restricting participation with a particular religious faith.

 Speak with an Attorney

Federal and state law requires that workers not be treated unfairly on the grounds of religion.  If you feel you might be the victim of religious discrimination at the office a professional will help determine your rights and also the best way to proceed.  

 Title VII of the Civil Rights Act of 1964 prohibits private employers, state or local authorities and educational institutions from discriminating on the basis of faith.  Additionally title VII, states have their own labor laws protecting workers from religious discrimination at the workplace.  These state labor laws often offer greater worker rights than federal law, so check your state and local laws.

The first step in deciding whether a worker has a claim for religious discrimination would be to identify the sort of discrimination itself.  Normal forms of discrimination from the workplace include taking any of the following activities based solely on a worker 's faith:

* Implementing or terminating employees

* Promoting, moving, or laying off workers 

The next step is to identify whaTitle VII needs and doesn't need, of companies.  Federal and state laws establish certain thresholds for what is deemed reasonable with respect to making sure accommodations for workers.  Title VII requires that companies:

1.  

2.  That would lead to and hardship the employer

Courts balance the reasonableness of the company 's activities versus the hardship brought on by complying with the workers ' religious practices.

The first question a court must ask is whether the employer acted fairly.  By way of example, a court found that a firm acted unreasonably when it refused to allow a Muslim worker to wear a headscarf during the holy month of Ramadan.  Implementing the second question, the court couldn't locate any undue hardship on the business in permitting the worker to wear a headscarf.  Other practices that courts have discovered unreasonable are a failure to provide time off for religious observances and refusing to offer time and/or a place to pray.

On the flip side, however, several courts have held it is reasonable for companies to preclude spiritual objects being displayed in employee cubicles.  The bottom line is that companies are only required to reasonably accommodate employees' spiritual practices, not to do anything the worker wants.  A common example of this is when an employer agrees to offer you a day off for religious observance, but neglects to compensate you for it.

The Equal Employment Opportunity Commission (EEOC) provides advice for"religious garb and grooming" at the office.

Ultimately, when you've determined that you were actually discriminated against on the basis of your religious beliefs (either perceived or real ), you should consider filing a charge with the EEOC.  Generally, you must file your charge within 180 days of the alleged discriminatory act (and national workers must file charges within their own agency).  After a charge is filed, the employer is advised of this action; the EEOC investigates the charge to ascertain whether or not a claim against the employer ought to be registered, and the two parties (the employee filing the fee and the employer) have the chance to settle the fee at any time.

If the agency determines that there are adequate grounds for a religious discrimination claim, it is going to suggest mediation or file a claim against the employer in federal court.  You may file a discrimination claim in civil court only if the EEOC has provided you with "right to sue" notice(where you have 90 days following the date of this notice).

Get Legal Help With Your Religious Discrimination at the Workplace Charge

If you think that you were treated unfairly in the workplace on the basis of your religious beliefs, you might have the ability to file a discrimination charge with the EEOC, which will investigate your bill and sue the employer or provide you the choice of doing this.  These cases can be very intricate and typically benefit from the advice and counsel of a skilled Riverside wrongful termination attorney.