What are your religious rights at work?

An individual should be hired (or not hired) because of their skills and merits, not because of their faith. A worker should not be forced to choose between their faith and their job. In the United States of America, the 1st Amendment guarantees freedom of religion, and also freedom from religion. However, a common mistake people make is assuming that your religious freedom at work is guaranteed by the 1st Amendment.

The 1st Amendment, like all of the Amendments to the Constitution, limits the power of the government with regard to religion, but not your private employer. Your religious rights under private employment are actually protected by laws passed by Congress and your state.

Title VII of the Civil Rights Act of 1964 prohibits discrimination in public and private employment. It also requires employers to make reasonable accommodation of employees' religious observances and practices, unless doing so would cause the employer undue hardship. In Missouri, those religious rights are protected under the Missouri Human Rights Act. In Kansas, it is the Kansas Act Against Discrimination that protects your right to practice your religion – or to be free from religious requirements.

Your religious beliefs are protected

According to the U.S. Equal Employment Opportunity Commission (EEOC), “the law protects traditional religions, such as Buddhism, Christianity, Hinduism, Islam, and Judaism, and newer or less common religions, such as Rastafarianism.” You are also protected if you do not have religious beliefs or do not regularly practice any type of religion.

You have the right to reasonable accommodations

Your employer must make accommodations due to your religious beliefs or practices if it would cause little to no burden on the company. For example, if you are scheduled for a 7:00 a.m. shift this week but mass is at the same time, you can ask for a shift change. If you pray every day at a specific time, it is your right to ask for a short break from work at that time.

Your boss must excuse you

You cannot be required to attend any meeting or get together that is based in religion if you don’t feel comfortable doing so. Your employer must excuse you from participation in any event or activity that isn’t religious in nature, but still conflicts with your religious beliefs. You can’t be prohibited from praying during breaktime, even if it’s traditional or expected to use your breaktime for something else.

You have the right to report discrimination

According to the EEOC, “it is illegal for your employer to retaliate against you (punish you) for reporting discrimination or participating in a discrimination investigation or lawsuit.” Retaliation is one of the most common EEOC charges and often does not look like retaliation due to the creative nature of employers to disguise their discriminatory or retaliatory actions as something else.

You cannot be treated differently because of association

It is illegal for your employer to discriminate against, harass, treat you unfairly, or treat you differently because of your associations with someone of a different religion. If your child, spouse, parent, or best friend practices a religion that your employer is unfamiliar with, it doesn’t allow them to treat you differently at work.

Segregation is illegal

You cannot be placed in a non customer-facing position due to the religious garb or grooming practices that you uphold. It doesn’t matter if it is an actual or feared customer preference; it is against the law to do so. Examples include include wearing a Muslim hijab, a Sikh turban, or a Christian cross. You also can’t be punished for observing a religious prohibition against wearing certain items such as a woman's practice of not wearing pants, or adhering to shaving or hair length observances, such as Sikh uncut hair and beard or Rastafarian dreadlocks.

You have rights at the workplace and it is illegal to be harassed, discriminated against, or treated unfairly due to your religious beliefs or absence of religious practices.?

If you feel that your religion has been the source of discrimination or harassment at work, please reach out to myself or our team at Liberty Trial Law Group to get the justice you deserve.