Religious discrimination in the workplace is prohibited under both federal and state law. That means employers cannot (legally) discriminate against people based on their religious beliefs in hiring, promotion, pay, job assignment, termination or any other employment decision. The law also protects people from workplace harassment based on their beliefs and from being “segregated” – for example, placed in jobs where they don’t have customer or other public contact.
It’s typically illegal for an employer to even ask an applicant or employee about their religion. That includes questions about their religious beliefs, how observant they are and what place of worship they attend.
There are exceptions in the law for religious-based organizations such as schools, hospitals and non-profit organizations. According to the New Jersey Office of the Attorney General (OAG), “Such employers may use religious affiliation as a job requirement in the employment of clergy, religious teachers or other employees engaged in the religious activities of the association or organization.”
“Sincerely held religious, ethical or moral beliefs”
People (including some employers) often believe that these laws only apply to people in the “major” religions like Christianity, Judaism, Islam, Hinduism and Buddhism. However, the U.S. Equal Employment Opportunity Commission (EEOC) states that the law protects all of those “who have sincerely held religious, ethical or moral beliefs.”
Religious discrimination can manifest in a number of ways. It’s more than denying someone a job or promotion because of their faith. It extends to things like:
- Religious dress (including head coverings) and religious prohibitions regarding certain kinds of clothing (particularly for women)
- Hairstyles and facial hair
- Observed holidays
These things often bump up against company policies and business requirements. That’s where the concepts of “reasonable accommodation” and “undue hardship” come in. The EEOC states that employers must accommodate employees’ religious beliefs and practices “unless doing so would cause a burden that is substantial in the overall context of the employer’s business.” If it “would not pose an undue hardship, the employer must grant the accommodation.” New Jersey requirements are essentially the same.
New Jersey is home to people from throughout the country and around the world. It’s typically in employers’ best interests to respect employees’ religious beliefs (whether they’re familiar with them or not) and work with them to provide reasonable accommodations. When they don’t, employees can and should learn more about the law and their rights. Getting legal guidance can help.
