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Religious Discrimination at Work: Your Right to Accommodation

Your employer cannot treat you worse because of your religion, and in most cases it has to make room for your religious practices. That includes prayer breaks, schedule changes for the Sabbath or holidays, and dress or grooming practices tied to your faith. Both Title VII and the New Jersey Law Against Discrimination protect these rights.

What religious discrimination looks like

It can be obvious, such as refusing to hire someone because of their faith, or subtle, such as scheduling mandatory meetings on a known religious holiday and penalizing those who cannot attend. Harassment based on religion, including mocking comments or pressure to participate in practices that conflict with your beliefs, is also covered.

Requesting an accommodation

You start by letting your employer know that a work rule conflicts with a sincerely held religious belief. You do not need to use legal language. Common accommodations include:

Swapping shifts or adjusting a schedule for religious observance
Unpaid time off for a religious holiday
An exception to a dress or grooming policy
A quiet space and short break for prayer

The undue hardship standard

An employer can deny a religious accommodation only if it would impose an undue hardship. The Supreme Court raised this bar in recent years, so an employer now has to show a substantial cost or burden, not just a minor inconvenience. Speculation about how coworkers might react is not enough.

If your request is refused

Keep a written record of what you asked for and what your employer said. If you are disciplined, passed over, or fired after making a request, that sequence can support both a discrimination claim and a retaliation claim. An attorney can help you assess whether the denial was lawful.

At John J. Zidziunas & Associates, LLC, our employment attorneys represent workers across New Jersey and the New York City area, including Manhattan, Brooklyn, Queens, the Bronx, Staten Island, Nassau County, and Suffolk County. If you believe your rights at work have been violated, call us at (973) 509-8500 or contact us to set up a free consultation. We represent employees on a contingency fee basis.

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