Workers
You have protections against discrimination
You have the right to protections against discrimination based on your religion (or lack of religious belief). The law protects not only people who belong to traditional, organized religions, such as Buddhism, Christianity, Hinduism, Islam, and Judaism, but also others who have sincerely held religious, ethical, or moral beliefs.
Not only is your employer not allowed to discriminate against you based on your religion, but also not allowed to segregate you based on religion, such as assigning you to non-customer service positions because of an actual or feared negative customer reaction. You have the right to reasonable religious accommodations, unless providing them would impose an undue hardship on the conduct of the employer’s business. This means that your employer may be required to make adjustments to the workplace that would allow you to practice your religion, such as flexible schedules, shift substitutions, or exceptions to dress and grooming rules.
Discrimination can occur when you and the person who discriminated against you share a protected characteristic such as religion.
It is, however, not unlawful for an employer to hire and employ employees based on religion in certain instances where religion is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise. Additionally, religious organizations may have an affirmative defense to claims by certain workers under the “ministerial exception” from nondiscrimination laws.
You have the right to file a complaint or a Charge of Discrimination, participate in an employment discrimination investigation or lawsuit, engage in any protected activity, or oppose harassment or discrimination without being retaliated against by your employer.
You generally have a right to protection from discrimination regardless of your immigration status, although, in some cases, immigration status may limit the remedies that you’ll be able to obtain.
What this means for you
Employers are not allowed to discriminate against you because of:
your sincerely held religious, ethical, or moral beliefs,
marriage or association with an individual of a particular religion, or
dress or grooming practices you follow for religious reasons.
Examples of discrimination
In general, this means that you cannot be:
fired,
rejected for a job or promotion,
given lesser assignments,
forced to take leave, or
otherwise disciplined because of your religious, ethical, or moral beliefs.
Learn about filing a complaint with the U.S. Equal Employment Opportunity Commission (EEOC)
Employers
You have the responsibility to ensure nondiscrimination for workers
You must treat job applicants as well as current employees equally, regardless of religion. The law protects not only people who belong to traditional, organized religions, such as Buddhism, Christianity, Hinduism, Islam, and Judaism, but also others who have sincerely held religious beliefs. Further, the law protects those who are not part of any religious group or have no sincerely held religious beliefs. In general, this means you can’t:
fire,
reject for a job or promotion,
give lesser assignments to,
force to take leave, or
otherwise negatively alter the terms and conditions of employment for an individual because of their religion.
You’re not allowed to segregate employees based on religion, such as assigning them to non-customer service positions because of an actual or feared negative customer reaction. You have the obligation to provide reasonable accommodations for an employee’s religious beliefs or practices, unless doing so would impose more than a minimal burden on business operations. This means that you may be required to make reasonable adjustments to the workplace that would allow your employees to practice their religion, such as flexible schedules, voluntary shift substitutions or swaps, and exceptions to dress and grooming rules.
You’re not allowed to discriminate against workers because of:
their sincerely held religious beliefs,
their marriage to or association with an individual of a particular religion, or
the dress or grooming practices they follow for religious reasons.
Employment discrimination may also occur when an employer’s seemingly fair policies or practices have a significant negative impact on people because of their religion without demonstrating the policies or practices are job-related and consistent with business necessity. And discrimination can occur when the person who discriminates shares a protected characteristic like religion with the applicant or employee who is discriminated against.
It is, however, not unlawful for an employer to hire and employ employees based on religion in certain instances where religion is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise. Specially defined “religious organizations” and “religious educational institutions” are also exempt from certain religious discrimination provisions under Title VII of the Civil Rights Act. Additionally, religious organizations may have an affirmative defense to claims by certain workers under the “ministerial exception” from nondiscrimination laws.
Additional Resources
EEOC Fact Sheet on Religious Garb and Grooming in the Workplace: Rights and Responsibilities
EEOC Questions and Answers: Religious Discrimination in the Workplace
What You Should Know About Workplace Religious Accommodation
Religious Discrimination and Accommodation in the Federal Workplace
Questions? We’re here to help
We are committed to helping you.
For additional assistance, please contact:
EEOC: 1-800-669-4000 (ASL Video Phone: 1-844-234-5122), info@eeoc.gov, or use the Public Portal.
Need more information?
The elaws (Employment Laws Assistance for Workers and Small Businesses) Advisors are a set of online tools developed by the U.S. Department of Labor to help employees and employers understand their rights and responsibilities under federal employment laws.