This time of year, Christmas is the holiday that dominates the media and public conversation – not to mention the stores. However, multiple religions celebrate holidays in November and December.
This seems like a good time to discuss the legal protections against religious discrimination by employers. This discrimination is illegal under federal law as well as state laws (and those of D.C.).
Under the law, employers are required to make reasonable accommodations for a person’s religious beliefs. That means they typically can’t prohibit employees from wearing religious garb like a Hijab or from taking religious holidays off unless doing so would cause “undue hardship” to the employer.
“Sincerely held” beliefs may also be recognized
Religious discrimination laws cover a broader range of beliefs and practices than most people realize. For example, according to the U.S. Equal Employment Opportunity Commission (EEOC), religious protections apply to those with any “sincerely held religious, ethical or moral beliefs.” These beliefs don’t have to be tied to a widely recognized religion.
Further, there are variations within these religions that can affect what holidays people celebrate and when. One example would be that Eastern Orthodox Christmas isn’t celebrated on Dec. 25, but in early January. Employers have an obligation to recognize and accommodate these differences unless, as noted, doing so would cause undue hardship.
Our area has one of the most diverse workforces in the country. Most employers try to accommodate their employees’ religious beliefs and practices – including their celebration of holidays.
Working with an employer to prevent “undue hardship”
Of course, it’s always best when employees can make that as convenient for their employers and their co-workers as possible. That means employees shouldn’t assume that their boss knows they need to leave early or take the day off for a holiday they may never have heard of. Employees can do their part by giving plenty of notice of any accommodations they need.
When someone believes they are facing religious or another type of discrimination in the workplace, it’s best to first address it with the appropriate manager or Human Resources staff. If that doesn’t resolve the issue, getting experienced legal guidance may be necessary.