Religious Discrimination in the Workplace

Jacksonville Religious Discrimination Attorney

The details of religious discrimination in the workplace can be confusing for both employees and their employers, which is why a Jacksonville unemployment lawyer can be so helpful in better understanding your legal situation.

The problem is that employers are not permitted to ask specifics about a person's religion and cannot use this information at all in regards to hiring and advancement opportunities. But at the same time, employers are expected to make reasonable allowances based on a person's religion. Because of these seeming contradictions, there is a delicate balance between the employer's requirement to not ask about religion and the employee's responsibility to speak up in regards to their needs.

It is highly inappropriate and generally illegal for an employer to question an employee about their religion. If the employer is informed about the employee's beliefs, our Jacksonville religious discrimination attorney advises they avoid talking about these principles. That is why it is so important for an employee to inform their boss or HR department about any special accommodations required by their religion, for example, special clothing, time off on the Sabbath or time after lunch to pray. These accommodations cannot be rejected by the employer unless they will cause economic hardship or will be unfair to the other employees. For example, if a person requires Saturdays off, this may not be economically damaging to the company, but may cause severe morale problems if all other workers are scheduled every Saturday.

If other employees harass a worker based on their religion, the employer is required to take steps to solve the problem once they are informed of the workplace harassment. If the employer fails to act against the harassment, they will be participating in religious discrimination in the workplace and the employee may decide to seek representation from a Jacksonville religious discrimination lawyer. Keep in mind that atheists are protected under this law as well, so if Catholic employees are badgering someone who has no religion, it is still unacceptable.

When it comes to hiring for a position, there is one specific time it is permitted to discriminate based on religion. This exception is called the bona fide occupational qualification requirement. Essentially, if a job position absolutely is based on a person's faith, you may hire based on their religion. For example, if you are hiring a professor at a Catholic college, you may require the applicant to be a Catholic. On the other hand, if you were hiring a janitor at the school, the worker's religion would not affect their work, so discrimination would be illegal.

If you have any questions about religious discrimination in the workplace or would like to schedule your free initial consultation, contact our law firm to speak with Jacksonville unemployment lawyer, today.