New fact sheet on religious discrimination and accommodations in the workplace
Five takeaways under California law
The California Civil Rights Department recently posted a two-page fact sheet concisely addressing
religious discrimination and accommodations at work under California law. The document breaks
no new legal ground, but it does spotlight principles all employers should apply and gives useful
examples.
Here are five takeaways.
Broad protection against religious discrimination
Protected beliefs and practices are not limited to those of widely recognized religions. Protection extends to “beliefs, observances, or practices that an employee sincerely holds and are parallel to traditionally recognized religions.”
And the law does not only protect employees. A claim of religious discrimination or harassment in employment also may be asserted by an applicant, intern, or volunteer. The law also “protects people from discrimination and harassment based on their association with people who have, or are perceived to have, a religious creed, like a friend, family member, or colleague.”
The coverage is broad, but not unlimited. For reasons rooted in the U.S. and California Constitutions, California’s Fair Employment & Housing Act expressly excludes from the definition of a covered “employer” a non-profit religious institution.
Discriminatory job interviews, applications
The law prohibits employers from asking applicants about their religious beliefs directly and
indirectly.
Questions about the times and dates an employee is available for work should be framed so the applicant is not forced to disclose their religious practices. The guidance recommends framing the question like this: “Other than time off for reasons related to your religion, are there days or times when you are unavailable to work?”
The guidance says technology may be used to exclude applicants based on their availability for work, “but only if it is job-related, necessary for the business, and the technology allows applicants to request accommodations based on their religious beliefs.”
Examples of discrimination
An employer may not engage in religious discrimination or harassment or retaliate against a protected individual for asserting their right to protection against discrimination or harassment. The guidance gives five examples of prohibited treatment, including:
- Denying a promotion to a qualified employee who is a member of the Church of Jesus Christ of Latter-Day Saints based on the stereotype they are likely to have large families and request parental leave;
- Making loud noises to mock and disrupt an employee engaged in silent prayer; and
- Barring a Jewish person from wearing a Star of David necklace, while allowing other jewelry.
Click here to read the full article written by SCMV Shareholder Dan Eaton and published in The San Diego Union-Tribune.