Iowa And Nebraska Religious Discrimination Attorneys Dedicated To Clients
Most employers cannot hire, fire, or take adverse employment action (such as discipline or lowering pay) against an employee because that employee practices a particular religion or no religion at all. With rare exceptions, employers also may not discriminate against employees who do not share their religious beliefs. This means that if an employee is asked whether they practice a specific religion in an interview, or is fired because they practice a different religion than their manager, that it is likely illegal. It also means that an employee cannot be punished because they do not follow a specific religion or if they decline to participate in group prayer.
If an employee needs accommodation for a religious purpose – like attending a prayer service during work hours or wearing religious symbols or garb that is otherwise not allowed by company rules – the employee may be entitled to that accommodation. In Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores, the United States Supreme Court found that Abercrombie illegally refused to hire a woman wearing a hijab because the hijab violated their “look policy,” and Abercrombie should have known that the woman needed a religious accommodation. An employee may not be retaliated against because he or she asked for a religious accommodation.
Religious organizations, like churches or religious schools, have somewhat different rules. These employers have a primary “spiritual” purpose instead of a primary “business” purpose, even if they make a profit. Religious organizations still cannot discriminate against employees who are not spiritual leaders. For example, a religious organization cannot discriminate against a custodian because of his race, nationality, age, disability, etc. However, the United States Supreme Court ruled that the government should not have a say in who spiritually leads a religious organization. This means that religious organizations may discriminate against ministerial employees, even if they are members of a protected class. A ministerial employee is someone like a pastor, priest, youth leader, or maybe even a teacher whose duties include spiritual practice.
At Fiedler Law Firm, P.L.C., our team of experienced attorneys is dedicated to fighting for clients who have faced religious discrimination in any form. We have helped countless others, and we want to help you, too.
Examples Of Religious Discrimination
It’s not always easy to know if you’ve been a victim of discrimination at work. Below are some examples to help you determine if you might have the grounds to pursue a discrimination claim:
- Your employer refuses to allow you to appropriately express your faith at work
- Members of management implicitly or explicitly demand that you participate in their religion
- Your employer takes employment action against you because of your religion
- You experience severe or pervasive harassment because of your religion
Religious discrimination often goes hand in hand with religious harassment, leading to a hostile work environment. You have the right to speak up if you are being mistreated, and our firm is ready to help you make sure your employer is listening.
Common Religious Discrimination Scenarios In The Workplace
Below, we’ve provided some scenarios similar to those described by former clients. Below each, we’ve also listed how our discrimination attorneys would have responded or did respond.
Scenario one: “The owner of my company starts off each meeting with a prayer to Jesus Christ. I belong to a much different, more liberal church and many of the prayers run counter to my beliefs. I’ve tried to just pretend like I’m praying along with them, but that feels wrong. Do I have to participate? Do I have any protection since I am also a Christian?”
Attorney response: You don’t have to participate, and it doesn’t matter that you follow the same general religion. Everyone’s denomination or sect is protected. You’re protected even if you have a sincerely held religious belief that nobody else shares. Feel free to sit there silently or ask to join the meeting after the prayers are finished. You are protected from retaliation if doing so results in negative consequences to your employment.
Scenario two: “I have a line of scripture tattooed on my forearm. My place of work has a general policy forbidding visible tattoos and wants me to cover it up, but I feel like that would be betraying God. Do I just need to quit?”
Attorney response: No. Unless the employer has a really strong reason (like health or safety concerns) for a generally applicable policy, it must make exceptions for employees with religious objections. You should be entitled to display your tattoo – even if tough policy can be enforced against people with nonreligious tattoos.
Scenario three: “I have a poster of Acts 2:38 displayed in my office. My employer is fine with that, but human resources just called me in and said I have to stop telling coworkers to repent and be baptized in the name of Jesus Christ. Don’t I have a First Amendment right to religious freedom? All I want to do is save souls.”
Attorney response: The First Amendment to the Constitution is a limit on the power of government. Unless you work for the government, it has no bearing on your employment. And even if you do work for some branch of government, keep in mind that your coworkers also have the right to a workplace free from religious harassment. Even though you have their best interests at heart, your rights end where their rights begin.
Scenario four: “There is a man at work who does not like me because I am a Muslim from Iraq. He calls me foul names like “camel jockey” and “towel head.” My religion is one of peace, but he insists this is not the case and that I am likely a terrorist. Management has stopped allowing him to interrupt my prayers at work, but the insults continue.”
Attorney response: This man is harassing you on the basis of your religion, as well as your national origin. Your employer has a duty to put a stop to all of it.
How Can You Report Religious Discrimination?
If you believe you have faced religious discrimination at your workplace, it’s important to know that you have options to address this issue. Here are the steps you can take to report such discrimination:
- Document the incident: Keep a detailed record of what happened, including dates, times, and any witnesses. Write down exactly what was said or done that you believe was discriminatory.
- Report internally: If your workplace has a Human Resources (HR) department, you can start by reporting the incident to them. Many companies have their own policies and procedures for dealing with discrimination.
- File an official complaint: You can file a formal complaint with the Equal Employment Opportunity Commission (EEOC) or the equivalent state agency. In Iowa, it’s the Iowa Civil Rights Commission, and in Nebraska, it’s the Nebraska Equal Opportunity Commission. These agencies can investigate your claim and determine if discrimination occurred.
If you are worried about being fired or facing other retaliation for filing a complaint, feel free to reach out to our firm first to discuss your options. Our attorneys can give you advice specific to your situation and help you understand your civil rights and workplace rights. They can also represent you in legal proceedings if needed.
Work With Lawyers Who Listen And Care – Contact Us Today
With offices in Johnston, Iowa, and Omaha, Nebraska, Fiedler Law Firm serves clients throughout both states. We offer welcoming, supportive office environments where you can discuss your legal options and trust that our lawyers know how to help. To get started, contact us online or call our Johnston, Iowa office at 515-303-8210 or our Omaha, Nebraska office at 402-281-3501.