When you start a new job, it can be an incredibly exciting time. Not only are you gaining important professional experience, but this also allows you the chance to grow your network. However, your excitement for this new position may fade when you are denied reasonable a religious accommodation by your employer. If this occurs, it’s important to understand the legality of these matters, including when a denial is unlawful. The following blog explores what you should know about these complex times, including the importance of working with an employment discrimination attorney in Gloucester County, NJ to explore your legal options.
What Constitutes a Religious Accommodation in an NJ Workplace?
A religious accommodation is generally any adjustment or exception an employer can make that allows an employee to practice their faith. Not only are reasonable accommodations protected under the New Jersey Law Against Discrimination, but this is also federally protected under Title VIII of the Civil Rights Act of 1964.
Common examples of religious accommodations in the workplace include:
- Uniform exceptions to wear religious garments
- Grooming policy exceptions that allow an employee to maintain a beard or long hair
- Refraining from engaging in a task that would conflict with religious beliefs
- Flexible scheduling to allow for time off for religious holidays
- Access to a private area to allow for prayer breaks during the workday
Why Might My Request Be Denied?
In general, the only lawful reason that a religious accommodation request can be denied is if it creates undue hardship for the employer. This includes violating workplace safety rules, preventing the business from operating efficiently, or resulting in expensive staff changes. You should note, however, that undue hardship is not the same as an inconvenience. As such, an employer must
You should note that there are a number of unlawful reasons employers often provide when denying requests for religious accommodations. If you are told, “We can’t give you special treatment,” or “We can’t make an exception to the policy,” these are not valid reasons to be denied reasonable religious accommodations in the workplace.
What Should I Do if My Accommodation Is Denied?
In the event your requested accommodation is denied, you should begin by asking for a written explanation of the denial. This helps ensure the denial is documented. You should also keep a log of any retaliatory actions that may have been taken against you after making the request. As a general rule, it’s in your best interest to keep any and all communications regarding this request, like emails, instant messages, or human resources forms exchanged.
Next, you should file an internal complaint with your company’s HR department. This allows your employer the opportunity to remedy the issue. In the event that the company ignores or continues to deny your request, you should then file a legal complaint. You can either submit a complaint through the New Jersey Division of Civil Rights of the U.S. Equal Employment Opportunity Commission. It’s in your best interest to connect with an experienced attorney to help you determine the best course of action for your specific circumstances.
If you are facing discrimination at work, it’s critical to connect with an experienced attorney with the Vigilante Law Firm, P.C. We understand how upsetting and stressful these circumstances can be to navigate, which is why we will do everything in our power to help you fight for the best possible outcome for your unique situation. Contact us today to learn more.
