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What Are My Rights Regarding Religious Discrimination in a New Jersey Workplace?


Your religious beliefs are a core part of who you are. They shape your values, guide your actions, and provide you with a sense of purpose and community. The workplace should be a place where this fundamental aspect of your identity is respected, not a place where it is mocked, marginalized, or penalized. To be forced to choose between your faith and your job is a deeply distressing experience that no employee should have to endure. It can leave you feeling isolated, disrespected, and profoundly wronged.

If you have been treated unfairly at work because of your religious beliefs, it is important to know that you are protected by powerful state and federal laws. The New Jersey Law Against Discrimination (NJLAD) and Title VII of the Civil Rights Act make it illegal for an employer to discriminate against you because of your religion. At Savo, Schalk, Corsini, Warner, Gillespie, O’Grodnick & Fisher, we are committed to defending the rights of employees of all faiths. If you have been the victim of religious discrimination, we are here to fight for you.

What Is Religious Discrimination?

Religious discrimination involves treating an employee or job applicant unfavorably because of their sincerely held religious beliefs. The law protects not only people who belong to traditional, organized religions, such as Christianity, Judaism, Islam, Hinduism, and Buddhism, but also others who have sincerely held religious, ethical, or moral beliefs.

Religious discrimination can take many forms, including:

  • Hiring and Firing: Not hiring you or firing you because of your religious beliefs.
  • Pay and Promotions: Paying you less or passing you over for promotions because of your religion.
  • Job Assignments: Giving you less desirable assignments or shifts because of your religious practices.
  • Harassment: Subjecting you to a hostile work environment through unwelcome comments, jokes, or insults about your religion.
  • Failure to Accommodate: Refusing to provide a reasonable accommodation for your religious practices.

Your Right to a Reasonable Accommodation

One of the most important protections under the law is the right to a reasonable accommodation for your religious beliefs and practices. This means that an employer must make reasonable adjustments to the work environment to allow you to practice your religion, unless doing so would cause an “undue hardship” for the employer.

Common religious accommodations include:

  • Flexible Scheduling: Allowing you to adjust your schedule to attend religious services or to observe a Sabbath or holy day.
  • Modifications to Workplace Policies: Allowing you to wear religious clothing or grooming, such as a hijab, yarmulke, or turban.
  • Providing a Place to Pray: Allowing you to use a quiet space for prayer during the workday.
  • Job Reassignments: Allowing you to swap shifts with a coworker to accommodate a religious observance.

An employer can only deny a request for a reasonable accommodation if it would impose more than a minimal burden on the operation of the business. This is a much lower standard than the “undue hardship” standard for disability accommodations, but an employer cannot deny a request based on mere inconvenience.

What to Do if You Are Facing Religious Discrimination

If you believe you are being discriminated against or harassed because of your religion, or if your employer has denied your request for a reasonable accommodation, you should take action to protect your rights.

  1. Document Everything: Keep a detailed record of any discriminatory or harassing conduct, as well as any requests you have made for an accommodation.
  2. Report the Conduct: Report the discrimination or harassment to your supervisor or HR department, following your company’s internal complaint procedures.
  3. Make a Formal Accommodation Request: If you need an accommodation, make your request in writing. Clearly explain what accommodation you are requesting and why it is necessary for your religious practice.
  4. Consult with an Attorney: An experienced employment law attorney can help you understand your rights, navigate the accommodation process, and, if necessary, file a claim on your behalf.

You Should Not Have to Compromise Your Faith for Your Job

Your right to religious freedom does not end when you walk through the doors of your workplace. You have the right to a work environment that is free from discrimination and where your sincerely held beliefs are respected and accommodated. To be told that your faith is an inconvenience or a liability is a profound insult to your dignity.

At our firm, we are passionate about protecting the religious freedom of all employees. We have the experience and the dedication to take on employers who violate these fundamental rights. We will fight to ensure that you are treated with the respect and fairness you deserve.

If you have been the victim of religious discrimination, we urge you to contact us for a free and confidential consultation. Let us help you stand up for your faith and your rights.

Frequently Asked Questions (FAQ)

Q: What if my religious beliefs are not part of a mainstream religion?

A: The law protects all sincerely held religious, ethical, or moral beliefs. You do not have to be a member of a traditional or organized religion to be protected from discrimination or to be entitled to a reasonable accommodation.

Q: My employer says that accommodating my religious practice would be too disruptive. What can I do?

A: An employer can deny an accommodation if it would cause an undue hardship, which means more than a minimal burden on the business. However, they cannot deny it based on speculation or stereotypes. If you believe your employer is exaggerating the burden, you should contact an attorney to discuss your options.

Q: Can I be fired for talking about my religion at work?

A: This is a complex issue. While you have the right to your religious beliefs, you do not have the right to impose them on others or to create a hostile work environment for your coworkers. If your religious expression is disruptive or harassing to others, your employer can take action to stop it. However, you cannot be prohibited from respectfully and non-disruptively discussing your faith.