You are protected from discrimination regardless of your race, color, or national origin because of Title VII. Title VII is a portion of legislation that was created in the Civil Rights Act of 1964. The Civil Rights Act of 1964 was a historic combination of laws that greatly increased the level of protection from discrimination and other civil injustices for many Americans.
What is Religious Discrimination?
Employees and applicants are protected against being treated unfavorably because the individual's race but also because of physical characteristics (hair texture, color, facial features) associated with race. Although color discrimination may sound similar to race discrimination, it differs in that it involves treating someone unfavorably because of skin color complexion. Religious discrimination is also protected, and those who violate these laws may be held accountable.
National origin discrimination is the unfavorable treatment of an employee or applicant because of where the individual, or the individual's ancestors, came from. It also protects people from unfavorable treatment because of an accent.
In race, color, and national origin discrimination law, the employee's protection is extended to include prohibiting unfavorable treatment of the employee because of the employee's marriage to, or association with, someone of a particular race, color, or national origin as well as because of a person's connection to a race-based organization, or ethnic organization.
Religious Discrimination Violations
Since employers are generally aware that discrimination is wrong, it is often not a blatant act. Although it can surface in a variety of ways, the following list indicates some examples of race, color, and national origin discrimination.
- An “English Only Rule” means that employees are required to only speak English on the job. It is only legal if it is needed to ensure safe or efficient operation of the business and put in place for nondiscriminatory reasons.
- An employer can only require fluent English or make employment decisions based on an employee's foreign accent, if fluency in English is a requirement of the job or unless the accent seriously interferes with the employee's work performance.
- Only requiring individuals of a certain race or skin color to submit work authorization documents.
- Unequal pay between groups of individuals with similarly experience and job duties but different race or ethnic groups.
- An employer enacts disciplinary procedures for violating a company policy for an employee of a particular race, but does not enact disciplinary procedures for the same violation for many employees of a different race.
California Religious Freedom Act Law Changes
- The definition of “religious belief, observance or practice” now includes religious dress and grooming practices. This includes: wearing or carrying religious clothing, head or face coverings, jewelry, artifacts, forms of head, facial or body hair, or other items that are part of observing one's religion.
- An accommodation is considered unreasonable if it requires segregation from other employees or the public.
- Courts must apply the state definition of “undue hardship” in regards to accommodating an individual's religious beliefs. This means an employer would have to prove that it requires significant difficulty or expense in order to show “undue hardship”.
Get the Help You Need
Proving discrimination based on race, color or national origin can be challenging, but with the right legal team, it can be done. There are a variety of ways that the qualified discrimination lawyers in Los Angeles at Kingsley & Kingsley can assist you. Take the first step to protecting yourself and stopping this hurtful and illegal behavior. Take advantage of a free initial consultation to discuss your specific case by calling the toll free number (888) 500-8469 or by clicking here to contact us regarding your case.