Most people are aware that religious discrimination in employment is prohibited under state and federal law. Religious belief is considered a protected characteristic, which means an employer can’t use a person’s religious belief as a reason not to hire promote, terminate or make other employment decisions.
There are some exceptions for religious organizations like schools, non-profit organizations and churches. However, these typically apply only if a position involves religious duties.
Employers are, therefore, generally required to make reasonable accommodations for a person’s religious beliefs. That means not prohibiting people from wearing religious garb like a Hijab or wearing facial hair for men as well as allowing them to take religious holidays off as long as these things don’t cause “undue hardship” to the employer.
This includes “sincerely held” beliefs
A common misconception both by employers and employees is that these protections apply only to employees who follow one of the more common religions in the U.S. such as Christianity (and specific faiths with that, such as Catholicism or Mormonism), Judaism, Islam, Hinduism and Buddhism. While some of these aren’t particularly common in Indiana, they (and others) are more common in communities within many other states.
In fact, according to the U.S. Equal Employment Opportunity Commission (EEOC), protections extend to those with any “sincerely held religious, ethical or moral beliefs.” A person can have a “sincerely held” moral or ethical belief that doesn’t pertain to a specific religion – such as being a strict vegan who doesn’t eat or wear animal products.
Further, multiple employees in a company may belong to the same religion but have vast differences in how observant they are or belong to different branches of a faith that may celebrate holidays on different days. (Eastern Orthodox Christmas, for example, isn’t celebrated on Dec. 25.)
An employer can’t legally use these differences to deny requests for time off, for example. Again, that’s if giving them that time off wouldn’t cause undue hardship.
Smart employers typically do their best to accommodate their employees’ religious beliefs and practices when they are reasonable and don’t cause serious inconvenience for the business or other employees. It’s especially helpful when employees inform employers of any accommodations they’ll need up front and give them as much notice as possible for things like time off for religious observances.
If someone is suffering religious discrimination in the workplace, it’s best to address the issue with the appropriate manager or (if the manager is the problem) the Human Resources department. If that doesn’t resolve the issue, getting experienced legal guidance may be the next best step.