Religious discrimination in the workplace is a serious issue that affects employees of all faiths. Whether it’s being denied reasonable accommodation for religious observance, facing harassment due to religious beliefs, or being passed over for a job because of religious dress, employees in Massachusetts have strong legal protections against religious discrimination. Understanding these laws, recognizing discrimination, and knowing your rights are essential to ensuring fair treatment at work.
What Is Religious Discrimination?
Religious discrimination occurs when an employee or job applicant is treated unfavorably because of their religious beliefs or practices. This can include beliefs rooted in organized religions, as well as less known religions, and other sincerely held religious, ethical, or moral beliefs. Most employers are required to provide reasonable accommodations for employees’ religious practices unless doing so would cause undue hardship to the business.
Examples of religious discrimination include:
- Refusing to hire or promote an individual because of their religious beliefs or attire.
- Denying time off for religious observances when accommodations could be made.
- Requiring an employee to remove religious garments, such as a hijab, turban, or yarmulke.
- Harassment of an employee for their religious beliefs, such as offensive remarks.
- Retaliating against an employee for requesting religious accommodations or for reporting discrimination.
Federal and State Protections Against Religious Discrimination
At the federal level, Title VII of the Civil Rights Act of 1964 prohibits religious discrimination in the workplace. This law applies to employers with 15 or more employees and makes it illegal to:
- Discriminate against employees or applicants based on religion.
- Fail to provide reasonable accommodations for religious practices.
- Retaliate against employees who report religious discrimination.
Massachusetts State Law
In addition to federal protections, Massachusetts law provides additional safeguards under Chapter 151B of the Massachusetts General Laws. This law:
- Prohibits religious discrimination in employment for employers with six or more employees.
- Requires employers to provide reasonable accommodations for religious practices unless it would create an undue hardship.
- Protects employees from retaliation when they assert their rights.
The Massachusetts Commission Against Discrimination (MCAD) enforces these protections and investigates claims of religious discrimination. Employees may also decide to remove theira claim(s) to Superior Court.
Recognizing Signs of Religious Discrimination
Religious discrimination can be overt or subtle. Common signs include:
- Failure to Accommodate Religious Observances: Employers refusing reasonable requests for time off for religious holidays or prayer breaks.
- Hostile Work Environment: Jokes, insults, or offensive remarks about religious beliefs or practices.
- Dress Code Conflicts: Employers requiring employees to remove religious attire when accommodations could be made.
- Unequal Treatment: Assigning unfavorable tasks, reducing hours, or limiting promotions based on religious beliefs.
- Retaliation: Negative employment actions, such as demotion or termination, after an employee requests a religious accommodation.
Steps to Take If You Experience Religious Discrimination
If you believe you are facing religious discrimination in the workplace, taking action is critical. Here’s what you can do:
Document Everything
- Keep records of discriminatory comments, actions, or decisions.
- Save emails, performance reviews, and other relevant documents.
Consider reporting the Discrimination
- Follow your company’s procedures for reporting discrimination, typically by speaking with HR or filing a formal complaint.
Considerileing a Complaint with the MCAD
- In Massachusetts, you can file a complaint with MCAD within 300 days of the discriminatory act. The agency investigates claims and may help you reach a resolution.
Seek Legal Guidance
- An experienced employment law attorney can help you understand your rights, navigate the complaint process, and take legal action if necessary.
How Greene and Hafer Can Help
At Greene and Hafer, our experienced employment law attorneys are committed to protecting your rights and holding employers accountable. Whether you need help filing a complaint, negotiating a settlement, or pursuing litigation, we are here to support you every step of the way.
If you’re experiencing religious discrimination in the workplace, contact Greene and Hafer today for a consultation. Together, we’ll fight for the fair treatment and respect you deserve. To schedule an appointment with an experienced lawyer, contact our office.