Religious Discrimination in Employment

Federal and state laws prohibit employers from discriminating against employees or job applicants based on their religion. At Zalkind Duncan & Bernstein LLP our employment attorneys represent individuals who have been treated unfairly in the workplace because of their religious beliefs, practices, or lack thereof. We understand how isolating and damaging religious discrimination can be, and we are committed to holding employers accountable when they violate your rights.

Religious discrimination occurs when an employer treats an employee or job applicant differently than other employees or applicants because of their religious beliefs. This includes traditional, organized religions such as Christianity, Islam, Judaism, Hinduism, and Buddhism, as well as sincerely held religious beliefs that are not part of an organized religion.

Discrimination can take many forms, including:

• Refusing to hire someone because of their religion.
• Firing or disciplining an employee for practicing their religion.
• Failing to promote or offer equal pay or benefits due to religious beliefs.
• Segregating employees based on religion or assigning them to less desirable roles.
• Allowing harassment by supervisors or coworkers that targets an employee's religion.
• Refusing reasonable accommodations for religious practices, such as time off for religious holidays or modifications to dress or grooming policies.

Under Title VII of the Civil Rights Act of 1964 and Massachusetts General Laws Chapter 151B, employers are required to provide reasonable accommodations for an employee’s sincerely held religious beliefs or practices, unless doing so would impose an undue hardship on the operation of the employer’s business.

Examples of reasonable accommodations may include:

• Permitting flexible scheduling to observe religious holidays.
• Allowing exceptions to dress codes for religious attire or grooming practices.
• Permitting breaks or private space for prayer during the workday.

An employer may not deny such accommodations simply because they are inconvenient or unpopular. The burden is on the employer to prove that the accommodation would cause a substantial burden in the overall context of the company’s business.

Religious discrimination also includes harassment based on religion. Harassment can include offensive remarks, jokes, slurs, or behavior that creates a hostile or intimidating work environment. While isolated incidents may not rise to the level of illegality, persistent or severe harassment that interferes with an employee’s ability to do their job may be actionable under the law.

Importantly, employers are responsible for preventing and addressing religious harassment by supervisors, coworkers, and even clients or customers. If your employer failed to take appropriate steps to stop harassment after you reported it, they may be liable.

Employees are protected from retaliation for asserting their rights under anti-discrimination laws. If you have requested a religious accommodation, reported harassment, or complained about religious discrimination, and your employer has taken adverse action against you—such as demotion, termination, or other punishment—you may have a separate claim for retaliation.

If you have experienced religious discrimination in the workplace, our attorneys can help you:

• Understand your legal rights under federal and state law.
• Gather and assess evidence to support your claim.
• File a complaint with the Equal Employment Opportunity Commission (EEOC) or Massachusetts Commission Against Discrimination (MCAD), if applicable.
• Pursue litigation against your employer if necessary to vindicate your rights.

Our team at Zalkind Duncan & Bernstein is dedicated to protecting employees against discrimination in all its forms. We take your concerns seriously and will work to ensure you are treated with fairness and dignity.

If you believe you have been subjected to religious discrimination or denied a reasonable accommodation in your workplace, contact our office today to schedule a confidential consultation.