Religious Discrimination Lawyer in New York

As employees, we expect to be treated based on the quality of our work, not on our religion. However, even in this modern world, many employees face religious discrimination at the hands of their employers. If you have been subjected to religious discrimination in your New York City workplace, you deserve justice. Brown Kwon & Lam is here to serve.

If you have been treated unfairly due to your religious practices, do not hesitate to reach out to a NY religious discrimination attorney at Brown Kwon & Lam. Contact us online or call (212) 295-5828 to schedule a free initial consultation.

Understanding Religious Discrimination

What Is Religious Discrimination?

According to the U.S. Equal Employment Opportunity Commission (EEOC), religious discrimination involves, “treating a person (an applicant or employee) unfavorably because of his or her religious beliefs." The law protects not only people who belong to traditional, organized religions, such as Buddhism, Christianity, Hinduism, Islam, and Judaism, but also those with sincerely held religious, ethical, or moral beliefs.

Classifications of discrimination can extend to perceptions of religion as well. For instance, even if someone belongs to no particular faith but is perceived to have a certain belief based on attire, language, or associations, they might still suffer discriminatory acts. Understanding the scope of religious discrimination is essential, as it encompasses both direct and indirect actions in the workplace that can affect one's employment status, opportunities, or workplace conditions.

When Can You Experience Religious Discrimination?

Religious discrimination extends beyond aspects of active employment. Instances include:

• Hiring
• Firing
• Pay
• Job Assignments
• Promotions
• Layoffs
• Training
• Fringe Benefits

Religious discrimination is illegal in any other term or condition of employment. Religious discrimination includes:

• Harassment: Offensive remarks about religious beliefs/practices which create a hostile work environment.
• Segregation: If an employee wears religious garb or follows specific grooming practices, their employer cannot place them in non-customer contact roles based on actual or potential customer preferences.
• Reasonable Accommodations: As long as it does not interfere with the business as a whole, employers must make reasonable efforts to create flexible scheduling, voluntary shift substitutions or swaps, job reassignments, and modifications to workplace policies or practices to allow for the practice of religion.
• Dress & Grooming Policies: Unless it causes an undue burden on the business, employers should make reasonable accommodations for employees to wear the garb or groom as per their religious preferences. This includes not forcing uniforms when someone has a religious prohibition against wearing certain garments such as pants or miniskirts. Examples of fashion that have religious exemptions include:
  • A Jewish yarmulke
  • A Muslim headscarf
  • Rastafarian dreadlocks
  • Sikh uncut hair and beard

Beyond job roles, religious discrimination can manifest during company events or enforced celebration of holidays. Employers need to remain neutral in religious matters and allow employees to abstain from activities that conflict with their religious beliefs. Moreover, subtle discrimination like ignoring religious dietary laws during corporate events or scheduling meetings on religious holidays can also lead to workplace inequality.

Though this is not all-encompassing. It is important to note that an employer does not have to make accommodations if it would cause undue hardship to the employer or business. Such burden may mean the accommodations:

• Are costly
• Compromise workplace safety
• Decrease workplace efficiency
• Infringe on the rights of other employees
• Require other employees to do more than their fair share of potentially hazardous or burdensome work.

Legal Protections Against Religious Discrimination

What Laws Protect Employees from Religious Discrimination?

Both federal and state laws protect employees from religious discrimination in New York City.

The New York City Human Rights Law protects workers from discrimination in employment, housing, and public accommodations based on actual or perceived religion or creed. It is illegal for employers, housing providers, business owners, and providers of public accommodations in New York City to treat someone differently because of their faith.

In addition, Title VII of the Civil Rights Act of 1964 prohibits federal agencies from discriminating against employees or applicants for employment because of their religious beliefs in hiring, firing, and other terms and conditions of employment.

Additional regulations, such as the Religious Freedom Restoration Act (RFRA) and the New York State Human Rights Law, further enhance the framework of protection. These laws not only prohibit discriminatory practices but also mandate that employers provide reasonable accommodations for employees' religious practices unless it poses an undue hardship. Such legal backing empowers employees to challenge discriminatory behavior confidently, knowing they have substantial legal support.

Signs You Might Be Facing Religious Discrimination

Identifying religious discrimination in the workplace can sometimes be challenging, as it may not always manifest in overt actions. However, there are several signs that might indicate you're experiencing this kind of bias. Firstly, consistently being passed over for promotions or important projects despite qualifications, especially if these roles are assigned to colleagues of different faiths, is a potential red flag. Additionally, if you're receiving different treatment in terms of salary, benefits, or work conditions because of your religious attire or practices, it's essential to document these discrepancies.

It’s also crucial to watch out for indirect discrimination, such as being excluded from team activities or company events that accommodate other religious groups but not yours. For instance, accommodating certain religious holidays for some employees but scheduling mandatory meetings for others during their religious observances can suggest unequal treatment. Moreover, if you are facing a hostile environment due to derogatory remarks or jokes, and management fails to address this, it might be a sign of underlying discrimination. Understanding these signs can be the first step toward addressing the issue and protecting your rights.

Understanding the Legal Process for Filing a Claim

Filing a claim for religious discrimination involves a series of steps that are crucial for mounting an effective response to discriminatory practices. Initially, it's important to document every instance of discrimination meticulously. This documentation should include dates, times, locations, involved parties, and the nature of each incident. It can serve as vital evidence when presenting your claim. Next, report the discrimination to your employer through the appropriate channels. If your company has a human resources department, consult with them to ensure that an internal investigation can be initiated.

If the issue remains unresolved, you can file a claim with external bodies like the New York City Commission on Human Rights or the Equal Employment Opportunity Commission (EEOC). Both entities will assess the validity and strength of your claim before proceeding. Having a legal representative from Brown Kwon & Lam, who is well-versed in both federal and New York-specific regulations, can provide significant advantages. They can guide you through the entire process, ensuring that your claim is filed appropriately and improves the likelihood of a favorable outcome.

Contact us at (212) 295-5828 or complete an online form to set up a free consultation with an NYC religious discrimination lawyer.

Frequently Asked Questions about Religious Discrimination

How Do I Know If I’m Experiencing Religious Discrimination?

Religious discrimination often involves being treated unfavorably due to your religious beliefs, or lack thereof. Signs include derogatory remarks, exclusion from team activities due to religious attire or beliefs, or being subject to different employment standards or conditions. It can also manifest in being penalized for taking religious holidays or feeling pressured to conform to the religious views of your employer or colleagues. If these scenarios seem familiar, you may be experiencing religious discrimination.

What Steps Should I Take After Recognizing Discrimination?

The first practical step is to keep detailed records of discriminatory incidents. Include dates, locations, involved parties, and specific details. Next, report these incidents to your HR department, following company procedures for grievance reporting. If internal mechanisms do not resolve the issue, consider filing an external complaint with local agencies like the NYC Commission on Human Rights or the EEOC. Consulting with legal professionals can also provide clarity on your rights and options.

What Resources Are Available for Victims of Religious Discrimination?

Several resources are available for victims of religious discrimination. Lawsuits can be supported by the EEOC, the NYC Commission on Human Rights, and legal firms like Brown Kwon & Lam. Online resources and community organizations can also offer guidance and support. Connecting with local advocacy groups can provide you with a platform to share your experiences and gain additional insights into handling discrimination.

Can Coworkers’ Comments Constitute Religious Discrimination?

Yes, derogatory comments or jokes about your religion from coworkers can constitute religious discrimination if they create a hostile work environment. The law requires that an employer take measures to prevent such behavior and address any complaints promptly. If management recognizes the issue but fails to act, it might be deemed as enabling discrimination, potentially making them liable.

How Can Brown Kwon & Lam Assist Me in a Discrimination Claim?

At Brown Kwon & Lam, we offer personalized legal guidance to ensure your rights are defended. Our team can help document your claim appropriately, advise on interactions with internal HR departments, and represent you in front of agencies, ensuring your case is articulated effectively and efficiently. Our commitment is to help you seek justice while providing you with the support and confidence you need to stand up against workplace discrimination.

Why Choose a Religious Discrimination Lawyer in Brooklyn?

If you are a victim of religious discrimination in your workplace and need legal representation, do not hesitate to contact the New York employment discrimination attorneys of Brown Kwon & Lam. Our firm is strategically located to serve clients both in New York City and the surrounding Brooklyn area, providing locally relevant legal solutions tailored to the unique aspects of your situation. We will fight for your rights and ensure that your story is heard.

Helpful Resources

• New York City Bar Association - Religious Discrimination

Talk to a qualified religious discrimination attorney in New York City as soon as possible. Contact Brown Kwon & Lam or dial (212) 295-5828 to obtain a free consultation.