Religious freedom is one of the most treasured values in our society. Even so, religious discrimination exists in many workplaces throughout the country. This problem can exist in many forms, and employees can be subjected to it not only by their supervisors, but also by their co-workers. Discriminatory actions taken against employees can include termination from employment, refusal to promote or failure to hire a person based on his or her religious beliefs or practices. Religious discrimination also includes the denial of employment opportunities to a person because of marriage to, or association with, an individual of a particular religion. It also exists where an employer requires an employee to work in a hostile or abusive environment, if the employee experiences religious harassment that affects a term, condition, or privilege of employment. Hostile working environment claims can be based on a series of discriminatory actions over a period of time.
Under Title VII of the Civil Rights Act of 1964, a federal law, it is illegal for an employer with 15 or more employees to discriminate against any individual with respect to compensation, terms, conditions or privileges of employment, based on the person's religion. The State of Texas has also passed a law to protect workers – The Texas Commission on Human Rights Act (TCHRA) – which follows Title VII's provisions. Both laws prohibit discrimination based on an employee’s religious beliefs and practices as well as an employee’s rejection of religious practices and beliefs. Title VII and the TCHRA additionally require an employer to reasonably accommodate an employee’s religious observances and practices unless such accommodations would result in undue hardship to the employer’s business operations. A frequent example of this is when, for religious reasons, an employee cannot work on a Sabbath day.
Before a person can pursue a discrimination lawsuit, he or she must first file a charge of discrimination with the Equal Employment Opportunity Commission, the Texas Workforce Commission – Civil Rights Division or a local fair employment practices agency. A charge must generally be filed within 180 days of the occurrence of the discriminatory action to which the charge refers. Failure to take this important step may preclude a person from asserting any claims for discrimination against an employer. The attorneys at Tanner and Associates can provide you with the guidance and representation you need to file and pursue your charge and then prosecute your lawsuit for discrimination because of your religious beliefs or practices.