Laws Protecting California Muslim Workers from Religion Discrimination

Thursday, May 3, 2012

Workplace Disrcimination on Muslims

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Employment discrimination against a person’s religion is against the law. In the State of California, there are two laws prohibiting employers to discriminate against employees and applicants based on their religious affiliation, beliefs, and practices. They are:

Title VII of the Civil Rights Act – Under this federal employment law, employers with 15 or more employees are prohibited to discriminate against workers and job applicants based on their religious creed and practices.

Fair Employment and Housing Act (FEHA) – This California State law makes it unlawful for employers with five or more employees to discriminate against workers and applicants based on their religious affiliation and practices.

Unfortunately, despite the prohibition of religion discrimination in the workplace, such employment bias is still prevalent in the country. According to the United States Equal Employment Opportunity Commission (EEOC), in 2011 alone, 4,151 religion discrimination complaints were received by the agency.

Muslim workers and applicants in California are not “discrimination-proof”. Hence, Muslim employees and job seekers must know beforehand their rights against religion discrimination. Under Title VII and FEHA, Muslim workers and applicants should not be subjected to discriminatory acts like:

Termination – It is illegal for California employers to fire an employee only because he or she is a Muslim.

Demotion – Employers cannot demote a Muslim worker on the grounds of his or her religion or religious practices.

Denial of application – Denying a qualified applicant’s application only because he or she is a Muslim is against Title VII and FEHA.

Deprival of employee benefits – Employers who are covered by FEHA or Title VII are not allowed to deprive an employee with rightful benefits because of his or her religion.

California Muslim workers and applicants who were discriminated based on their religious belief and practices have the right to file a claim against their employers. Discriminated workers and applicants can file a formal complaint with either the EEOC or the Department of Fair Employment and Housing (DFEH). These two government agencies have the faculty to investigate religion discrimination complaints and to file a lawsuit against non-complying employers.

It is also advisable for religion discrimination victims in California to hire competent employment law attorneys who can assist them in filing a formal complaint with the concerned agencies or a lawsuit against the liable employers.

California Muslim workers and applicants must know their rights under California employment laws to avoid being subjected to workplace bias. Meanwhile, California workers must understand and practice their responsibilities under employment statutes to avoid legal troubles.

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