Employee Resources
What is discrimination based on religion?
Because of Title VII of the Civil Rights Act of 1964, employers with 15+ employees cannot treat employees (or job applicants) differently based on their religion. This means that employers cannot consider religion, religious practices, or religious beliefs as a negative or positive factor in any aspect of employment decisions. This includes all decisions related to hiring, firing, pay (salary or bonus), job assignments, promotions, layoffs, training, benefits, or any other term or condition of employment. In other words, most aspects of your job cannot be negatively impacted because of your religious beliefs.
Another way that Title VII protects religion is that employers must provide employees with accommodations for their religious practices/beliefs unless it would cause the employer undue hardship (which must be a substantial burden, given the cost or impact it would have on the employer’s operations). See our resource Religious Accommodation: Overview for more information on religious accommodation in the workplace.
Examples of religious discrimination
- A manager showing preference to team members of the same religion when deciding who will be given higher annual performance ratings and bonuses.
- Having a policy that employees cannot wear jewelry at work for safety reasons, while making exceptions for employees who wear a Cross necklace, but not letting employees wear jewelry that displays an Om or wear their mangalsutra.
- Letting employees leave early without losing pay to observe Shabbat, but docking pay from an employee who has to adjust their schedule to observe Shivaratri.
- Making disparaging comments toward coworkers who are Hindu or have Indian ancestry about their purported “caste” (either individually or relative to others) or acting on assumptions about “caste” from an individual’s name, language spoken, nation/region of origin, etc.
While employers may have a good amount of leeway in setting policies at work, those policies still have to treat everyone fairly in how policies are enforced or when employees request religious accommodation. If you think you are facing discrimination, see our resource on how to make a discrimination complaint.
What about discrimination that is not based on religion?
Sometimes, it is difficult to tell whether someone is being treated unfavorably at work because of their religion or because of some other characteristic. Title VII protects employees from discrimination based on religion (any aspect of religion, including religious practices or beliefs), race (ancestry, ethnicity, or traits associated with race), color (skin pigmentation, complexion, shade or tone), national origin (geographic location or country from which you or your ancestors originate), and sex (biological sex, gender, or pregnancy/childbirth).
This page is focused on religious discrimination, but sometimes that might also include being treated poorly for another characteristic associated with religion, such as race, national origin, or color. For example, it might be difficult to tell whether an employer is treating you unfairly based on your religion (Hindu), or associated traits such as your race (South Asian), color (whether your skin is relatively darker or lighter brown than others), or national origin (having been born in India or a specific region in India). In that case, it could be any or all of those factors driving the discrimination, and your complaint should specify all the ways that you are different from your colleagues who are being treated better.
What is harassment based on religion?
Another form of discrimination is harassment (“hostile work environment”). Harassment can take many forms, and usually takes the form of offensive remarks or other negative behavior towards an employee’s religious beliefs or practices. Harassment is prohibited when it is (1) severe or frequent, or (2) results in an adverse employment decision (something that affects your employment terms or conditions). While an offensive one-off remark about religion might not qualify as harassment, many “minor” remarks over time from one or multiple co-workers would qualify as harassment. On the other hand, even one very severe offensive incident might count as harassment. Harassment is different from discrimination because harassment only needs to negatively impact your work environment so that it becomes hostile based on your religion (or another characteristic), even if it does not actually change anything else about your employment terms (such as pay or promotions).
Examples of harassment based on religion include:
- Requiring employees to attend religious devotional services at work.
- A supervisor insulting an employee and mocking his religious beliefs, or threatening him with violence.
- Coworkers continually preaching to employees regarding their prospects for salvation, particularly towards employees who are non-religious or follow a different religion.
Most employers are aware that you cannot discriminate against employees based on religion, and they are not likely to be intentional or explicit about that discrimination. That is why it’s important to think about the context and frequency of potentially upsetting behavior by your manager, coworkers, or others in the workplace.
What if my request for religious accommodation is denied?
Religious accommodation requests in a workplace covered by Title VII (or similar local law) should rarely be denied.
First, employers must accommodate an employee’s religious beliefs and engage in discussions with the employee over their request in an effort to find a mutually acceptable accommodation (the “interactive process”).
Second, religious accommodation requests can only be denied if granting an accommodation would be an undue hardship on the employer – meaning it must be a substantial burden for that employer, depending on the specific circumstances and the nature, size, and operating costs of the company. This standard depends on your specific workplace and the accommodation requested, but employers that are bigger and have more money are usually required to put more resources into accommodations.
In any event, the employer should engage with you and make a genuine effort to accommodate your religious beliefs and practices.
