Attorneys for Wrongful Termination Due to Religion Serving Los Angeles, Orange, Riverside, San Bernardino, Kern, and Ventura Counties

At Akopyan Law Firm, A.P.C., we recognize the impact that wrongful termination due to religion can have on an individual’s life. When an employer dismisses an employee because of their religious beliefs or practices, it violates fundamental rights enshrined in both federal and California state law. Religious discrimination in the workplace is not only unjust but also illegal, and those affected have the right to seek legal recourse to address the harm caused by such discriminatory practices.

Understanding Religious Discrimination in the Workplace

Religious discrimination occurs when an employee is treated unfairly or subjected to adverse employment actions because of their religious beliefs or practices. This type of discrimination can manifest in various ways, including fired because of your religion, denied promotions, being excluded from meetings or activities, or subjected to a hostile work environment. Religion is broadly defined under the law, encompassing not only traditional, organized religions but also sincerely held religious beliefs, whether or not they are part of a formal church or sect.

Legal Protections Against Religious Discrimination

Federal and state laws provide robust protections against religious discrimination in the workplace. Title VII of the Civil Rights Act of 1964 is the primary federal law that prohibits employers from discriminating against employees on the basis of religion. Under Title VII, employers are required to provide reasonable accommodations for an employee’s religious beliefs and practices unless doing so would cause undue hardship to the business. California’s Fair Employment and Housing Act (FEHA) goes further, offering additional protections by making it illegal for employers to engage in wrongful job termination because of religion or any other form of religious discrimination.

The Legal Definition of Religion and Religious Practices

Religion under Title VII and FEHA is defined broadly to include traditional, organized religions such as Christianity, Judaism, Islam, Hinduism, and Buddhism, as well as sincerely held religious beliefs that are not part of a formal religious organization. Religious practices encompass a wide range of behaviors, rituals, and observances, including attending religious services, praying, fasting, wearing religious clothing, or following dietary restrictions. Employers are required to accommodate these practices as long as they do not cause undue hardship to the business.

Common Conflicts Between Religious Practices and Employer Demands

Conflicts between an employee’s religious practices and an employer’s demands can arise in various ways. For instance, an employee may need time off to observe religious holidays, or they may request modifications to their work schedule to accommodate prayer times. An employee might also require certain accommodations in the workplace, such as being allowed to wear religious attire or maintain a specific grooming style. Employers are obligated to consider these requests and provide accommodations unless doing so would create an undue hardship for the business. Unfortunately, some employers may refuse these accommodations or even retaliate against the employee, leading to potential wrongful dismissal because of religion.

Scenarios Where Wrongful Termination Due to Religion May Occur

There are several scenarios in which wrongful discharge because of religion might occur. Some examples include:

Refusal to Accommodate Religious Observances: An employer may terminate an employee who requests time off for religious holidays or observances, claiming it would disrupt business operations. If the employer fails to explore reasonable accommodations or refuses to grant the time off without justifiable reasons, this could be grounds for a wrongful firing because of religion claim.
Religious Attire or Grooming Practices: An employee may be terminated for wearing religious attire, such as a hijab, turban, or yarmulke, or for maintaining grooming practices required by their religion, such as keeping a beard or wearing long hair. Employers who do not accommodate these practices may be liable for unlawful termination because of religion.
Harassment or Hostile Work Environment: An employee may be subjected to harassment or a hostile work environment due to their religious beliefs. If the employer fails to take appropriate action to stop the harassment and the employee is forced to resign or is terminated, this could lead to a claim of unjust firing because of religion.
Retaliation for Religious Accommodation Requests: An employee who requests religious accommodations may face retaliation, such as being demoted, reassigned to less favorable duties, or terminated. Retaliation in response to a legitimate request for religious accommodation is illegal and can be the basis for a wrongful discharge because of religion lawsuit.

Legal Recourse for Victims of Religious Discrimination

If you believe you have been fired because of your religion, it is crucial to seek legal advice as soon as possible. The law provides strong protections for employees who have been discriminated against based on their religious beliefs, and you may be entitled to compensation for lost wages, emotional distress, and other damages. At Akopyan Law Firm, A.P.C., our experienced attorneys are dedicated to fighting for the rights of employees who have been subjected to unlawful termination because of religion. We can help you understand your rights, gather evidence to support your claim, and navigate the complexities of employment law to ensure that you receive the justice you deserve.

Filing a Claim for Wrongful Termination Due to Religion

Filing a claim for wrongful job termination because of religion typically involves several steps. Initially, it will be necessary to file an administrative charge, and get a right to sue from the Equal Employment Opportunity Commission (EEOC) or the California Civil Rights Department (CRD). If you receive a “right to sue” notice from the EEOC or DFEH, you may proceed with filing a lawsuit against your employer. In a lawsuit, you can seek remedies such as reinstatement to your position, back pay, compensatory damages for emotional distress, and punitive damages designed to punish the employer for its discriminatory conduct. The attorneys at Akopyan Law Firm, A.P.C., have experience handling wrongful dismissal because of religion cases and can guide you through every step of the legal process.

Importance of Documentation and Evidence

In any claim of wrongful discharge because of religion, documentation and evidence are critical. It is essential to keep records of all communications with your employer regarding your religious beliefs, accommodation requests, and any incidents of discrimination or harassment. This documentation can include emails, letters, performance evaluations, and notes from meetings or conversations. Witness statements from coworkers who observed the discriminatory conduct can also be valuable evidence in supporting your claim.

Law Firm for Wrongful Termination Due to Religion with Offices in Los Angeles, Orange, Riverside, San Bernardino, Bakersfield, and Oxnard

Religious freedom is a fundamental right, and no one should be subjected to wrongful firing because of religion. If you were fired because of your religion, call us today at (818) 509-9975 or contact us online to schedule a free case evaluation. Our trial tested employment lawyers stand ready to help in cases involving a wrongful dismissal because of religion. We are committed to protecting your rights and ensuring that you receive fair treatment under the law. With our extensive knowledge of employment law and our dedication to justice, we will work tirelessly to hold your employer accountable for its actions. Contact us today to discuss your case and learn more about how we can assist you in pursuing justice for wrongful discharge because of religion.

Featured Regulations Pertinent to Claims for Wrongful Termination Due to Religion

Cal. Code Regs. tit. 2, § 11059

(a) Statutory Source. These regulations concerning religious discrimination are adopted by the Council pursuant to section 12940 of the Government Code.

(b) Statement of Purpose. The freedom to worship as one believes is a basic human right. To that end, the accommodation of religious pluralism is an important and necessary part of our society. Questions of religious discrimination and accommodation to the varied religious practices of the people of the State of California often arise in complex and emotionally charged situations; therefore, each case must be reviewed on an individual basis to best balance often contradictory social needs.

(c) Incorporation of General Regulations. These regulations incorporate all of the provisions of Articles 1 and 2 of Subchapter 2, unless specifically excluded or modified.

(d) The Act’s prohibition against religious discrimination and duty to provide reasonable accommodations for religious observances and dress and grooming practices applies to individuals serving in apprenticeship programs, unpaid internships, and any other program to provide unpaid experience for a person in the workplace or industry, in addition to employees, applicants, and others covered by section 12940(l) of the Act.

Cal. Code Regs. tit. 2, § 11060

“Religious creed” includes any traditionally recognized religion as well as beliefs, observances, or practices, which an individual sincerely holds and which occupy in his or her life a place of importance parallel to that of traditionally recognized religions. It encompasses all aspects of religious belief, observance, and practice, including religious dress and grooming practices, as defined by Government Code section 12926. Religious creed discrimination may be established by showing:

(a) Employment benefits have been denied, in whole or in part, because of an applicant’s or employee’s religious creed or lack of religious creed.

(b) The employer or other covered entity has failed to reasonably accommodate the applicant’s or employee’s religious creed despite being informed by the applicant or employee or otherwise having become aware of the need for reasonable accommodation.

(c) Religious creed is a protected category under the Act, and the examples of unlawful conduct provided in this section are non-exclusive.

Cal. Code Regs. tit. 2, § 11061

Any permissible defense set forth in Article 1 of this Subchapter shall be applicable to this Article.

Cal. Code Regs. tit. 2, § 11062

An employer or other covered entity shall make accommodation to the known religious creed of an applicant or employee unless the employer or other covered entity can demonstrate that the accommodation is unreasonable because it would impose an undue hardship. Refusing to hire an applicant or terminating an employee in order to avoid the need to accommodate a religious practice constitutes religious creed discrimination.

(a) A reasonable accommodation is one that eliminates the conflict between the religious practice and the job requirement and may include, but is not limited to, job restructuring, job reassignment, modification of work practices, or allowing time off in an amount equal to the amount of non-regularly scheduled time the employee has worked in order to avoid a conflict with his or her religious observances. Unless expressly requested by an employee, an accommodation is not reasonable if it requires segregation of an employee from customers or the general public.

(b) In determining whether a reasonable accommodation would impose an undue hardship on the operations of an employer or other covered entity, factors to be considered include, but are not limited to:

(1) The size of the relevant establishment or facility with respect to the number of employees, the size of budget, and other such matters;

(2) The overall size of the employer or other covered entity with respect to the number of employees, number and type of facilities, and size of budget;

(3) The type of the establishment’s or facility’s operation, including the composition and structure of the workforce or membership;

(4) The type of the employer’s or other covered entity’s operation, including the composition and structure of the workforce or membership;

(5) The nature and cost of the accommodation involved;

(6) Reasonable notice to the employer or other covered entity of the need for accommodation; and

(7) Any available reasonable alternative means of accommodation.

(1) Interview and examination times. Scheduled times for interviews, examinations, and other functions related to employment opportunities shall reasonably accommodate religious practices.

(2) Dress and Grooming Standards. Dress and grooming standards or requirements for personal appearance shall take into account “religious dress and grooming practices,” as defined in Government Code section 12926.

(3) Union Dues. An employer or union shall not require membership from any employee or applicant whose religious creed prohibits such membership. An applicant’s or employee’s religious creed shall be reasonably accommodated with respect to union dues.

(d) It is unlawful to discriminate or retaliate against a person for requesting reasonable accommodation based on religion, regardless of whether the employer granted the request.

Cal. Code Regs. tit. 2, § 11063

Pre-employment inquiries regarding an applicant’s availability for work on weekends or evenings shall not be used to ascertain their religious creed, nor shall such inquiry be used to evade the requirement of reasonable accommodation. However, inquiries as to the availability for work on weekends or evenings are permissible where reasonably related to the normal business requirements of the job in question and in compliance with section 11016 of these regulations.

Areas Served

The litigation and trial attorneys of the Akopyan Law Firm, A.P.C. provide services throughout Southern California including but not limited to Adelanto, Agoura Hills, Alhambra, Aliso Viejo, Altadena, Anaheim, Apple Valley, Arcadia, Arleta, Atwater Village, Azuza, Bakersfield, Baldwin Park, Banning, Beaumont, Bell, Bell Gardens, Bellflower, Beverly Hills, Blythe, Boyle Heights, Brea, Brentwood, Buena Park, Burbank, Calabasas, Calimesa, Camarillo, Canoga Park, Canyon Lake, Carson, Cathedral City, Cerritos, Chatsworth, Chino Hills, Chino, Claremont, Coachella, Colton, Compton, Costa Mesa, Corona, Covina, Culver City, Cypress, Dana Point, Desert Hot Springs, Diamond Bar, Downey, Duarte, Eagle Rock, East Hollywood, East Los Angeles, Eastvale, Echo Park, El Monte, El Segundo, El Sereno, Encino, Fontana, Fountain Valley, Fullerton, Gardena, Garden Grove, Glassell Park, Glendale, Glendora, Granada Hills, Hacienda Heights, Hawthorne, Hemet, Hesperia, Highland Park, Highland, Hollywood, Hollywood Hills, Huntington Beach, Huntington Park, Indian Wells, Indio, Inglewood, Irvine, Jurupa Valley, La Canada Flintridge, La-Crescenta Montrose, La Habra, La Mirada, La Palma, La Puente, La Quinta, La Verne, Laguna Beach, Laguna Hills, Laguna Niguel, Laguna Woods, Lakewood, Lake Balboa, Lake Elsinore, Lake Forest, Lancaster, Lawndale, Lincoln Heights, Loma Linda, Long Beach, Los Alamitos, Los Angeles, Los Feliz, Lynwood, Manhattan Beach, Mar Vista, Maywood, Menifee, Mission Hills, Mission Viejo, Monrovia, Montclair, Montebello, Monterey Park, Moorpark, Moreno Valley, Murrieta, Newbury Park, Newhall, Newport Beach, Norco, North Hills, North Hollywood, Northridge, Norwalk, Ontario, Orange, Oxnard, Pacific Palisades, Pacoima, Palos Verdes, Palmdale, Palm Desert, Palm Springs, Panorama City, Paramount, Pasadena, Perris, Pico Rivera, Placentia, Pomona, Porter Ranch, Rancho Cucamonga, Rancho Mirage, Rancho Santa Margarita, Redondo Beach, Reseda, Rialto, Riverside, Rosemead, Rowland Heights, San Bernardino, San Clemente, San Dimas, San Gabriel, San Fernando, San Jacinto, San Juan Capistrano, San Pedro, Santa Ana, Santa Clarita, Santa Monica, Sawtelle, Seal Beach, Shadow Hills, Sherman Oaks, Silver Lake, Simi Valley, South El Monte, South Gate, South Pasadena, South Whittier, Stanton, Studio City, Sun Valley, Sunland, Sylmar, Tarzana, Temecula, Temple City, Thousand Oaks, Toluca Lake, Torrance, Tujunga, Tustin, Twentynine Palms, Upland, Valencia, Valley Glen, Valley Village, Van Nuys, Ventura, Victorville, Walnut, West Covina, West Hills, West Hollywood, West Puente Valley, Westchester, Westminster, Westwood, Whittier, Wildomar, Winnetka, Woodland Hills, Yorba Linda