WERE YOU RECENTLY FIRED BECAUSE OF YOUR SIKH RELIGION? CALL NORCAL EMPLOYMENT ATTORNEYS TO FIND OUT HOW TO PROTECT YOURSELF.
Both federal and California law protect employees from being discriminated against in relation to the “terms or conditions of employment” on the basis of their religious beliefs or practices. “Terms and conditions” include things such as vacation time, salary, title, work schedules, position, etc. Under federal law, an employer must make reasonable accommodations of a person’s religious beliefs in the workplace. However, an employer is exempted from this requirement if the accommodation would be an undue burden on the employer. An “undue burden” is found when the accommodation would be economically hard on the employer or if the accommodation would be unfair to other employees who do not have the same belief.
It is important to realize that religious discrimination may also be compounded by national origin discrimination. National origin discrimination occurs when an employer discriminates against someone because of where they were born. An employer is prohibited from enacting a “U.S. citizens only” policy unless it is required by federal, state, local law, or government contract. In addition, an employer may not ask an individual about his or her citizenship status. An employer may, however, ask if the applicant is legally authorized to work in the United States.
Religious and national origin discrimination is real. In fact, the Equal Employment and Opportunity Commission (EEOC) just settled a religious discrimination lawsuit against the Health Care and Retirement Corporation of America (HCRCA). The company allegedly violated federal law by firing an employee because of her Sikh religion. The HCRCA refused to accommodate the employee’s Sikh belief that required her to wear a kirpan, a small ceremonial dagger. If you have been placed in a similar situation which has led you to choose between your job and your religious beliefs, contact the legal team at Greenberg & Rudman LLP. You can reach us at 1-800-ALAWPRO or 1-800-252-9776 for a free consultation. You can also visit us at www.discriminationattorney.com to learn more.