State and federal laws protect workers from religious discrimination in California. However, these laws do not automatically grant you religious accommodation. Below, we look at when an employer in California can deny religious accommodations and offer guidance on the steps to take if you suspect religious discrimination in Orange County.
When Can an Employer Deny Requests for Religious Accommodations in California?
California’s Fair Employment and Housing Act (FEHA) requires employers to provide reasonable accommodations for religious requests. State law offers workers stronger legal protection than federal law.
In California, an employer must prove that a religious accommodation request causes an undue hardship. In order to deny the request, the hardship the request creates must result in an employer’s significant expense or difficulty.
Your Legal Rights in California Regarding Religious Accommodations
Employers with five or more employees in California must observe FEHA discrimination laws. As an employee, you have the right to the following:
- To request religious accommodations such as schedule adjustments, dress code modifications, or dietary considerations. The adjustments allow for prayer, religious holiday observance, and wearing religious attire.
- Protection against retaliation for requesting religious accommodations. Protections prevent an employer from demoting, terminating, or retaliating against an employee in any way.
- Interaction and engagement with an employer to facilitate dialogue about the requests to strive toward a solution that supports religious accommodation without creating a significant hardship for the employer.
Employers must also follow guidelines preventing religious discrimination outlined in Title VII of the Civil Rights Act of 1964. A violation of these rights entitles you to take legal action.
Steps to Take if a California Employer Denies Your Religious Accommodation Request
You have the right to know why an employer denies your request. A denial is not always the final decision. With effective communication, reversing a denial may be possible.
- Review the written decision by an employer to deny your request. Ask for explanations when you do not fully understand the decision.
- Speak with an Orange County religious discrimination lawyer if you feel the denial is a violation of your legal rights.
- File a complaint with the appropriate agency to report religious discrimination.
Identifying religious discrimination in the workplace in California can be challenging. Discrimination is not always an overt act by an employer.
How to Request Religious Accommodation in California
Be concise with your request for a religious accommodation. Address your needs directly by identifying the accommodation. Describe how a work policy or schedule opposes or hinders your religious rights.
Submit your request in writing. A written request records the beginning of communications with an employer about a religious accommodation. Retain a copy of the employer’s written response to your request.
Dialogue with your employer to identify solutions to the significant hardships your request makes. Through communication, finding ways to accommodate your request without creating a substantial hardship for your employer may be possible. Follow up any changes or questions in an employer’s decision with an email to document the final decision.
Document a Request for Religious Accommodation
Documentation in any dispute plays a crucial role in the outcome of a legal action. Retain any documentation and communication with an employer to effectively prove a religious discrimination claim if an employer wrongly denies an accommodation request. Discuss your belief that a religious accommodation request results from religious discrimination in Orange County.