Many times in the case of employment and when hiring an employee the employer shows discrimination based on the religion of the applicant. But as per the California laws and the federal laws, any kind of religious discrimination at the workplace is illegal. It strictly violates state laws and federal laws in California. Under the California Fair Employment and Housing Act, FEHA it is illegal for an employer to discriminate against any individual or applicant based on the religion which they follow or even if they are linked with national origin groups that promote the interest of a certain religion. And there are many types of religious discrimination which happens.
Religious Discrimination Law Prohibitions
Now, many of you will have this question as to what is religious discrimination law in California. The religious discrimination law in California mainly prohibits the discriminatory acts of the employer in which the employer refuses to hire or employ an applicant due to his religion, where an employer refuses to select a person for a training program based on his religion. It also includes the acts of firing, bearing, or discharging an employee because of his religion. And also it includes in its scope discrimination against an employee regarding compensation, terms, and conditions, or privileges of employment.
Fair Employment & Housing Act
Religious discrimination comprises all aspects of religious belief and practices. Under the Fair Employment & Housing Act, religious discrimination comprises and includes discrimination of religious creed, religion, religious observance, religious belief, religious dress or attire, religious grooming practices. For instance, a Sikh individual cannot be discriminated against because he wears a religious turban on his head. On these grounds, the Sikh individual cannot be refused to be hired for work. Also, if any woman wears a burqa, then she cannot be refused to be hired just because she is a Muslim and wears a burqa. These forms of discrimination at the workplace or hiring for employment are strictly prohibited.
Religious Grooming Practices & Religious Dress
The definition of religious grooming practices and religious dress has been expanded and it includes wearing of religious clothing, coverings of the head or face, jewelry, artifacts, and others. Religious grooming also includes head, facial, and body hair that are a part of the observance of individuals belonging to a particular religion. Even to unions and labor organizations, the laws against religious discrimination apply. The state and federal laws also prohibit excluding, expelling, or restricting membership to a person based on religious creed. Prohibitions also apply to apprenticeship and other training programs.
Law Doesn’t Apply to Religious Corporations
An employer that is a religious institution or corporation can restrict certain persons based on their religion. But the work or such kind of work requires religious duties. For instance, work in temples or churches require that only those who belong to that religion can apply. It does not apply to work related to health care. It is also important for employers or such employers to accommodate religious beliefs and observances. Religious discrimination may occur against individuals belonging to the following religion which is organized and traditional such as Christianity, Islam, Judaism, Buddhism, Hinduism, etc.
In many cases, it happens that Sikhs are discriminated against because people mostly presume that they belong to Islam or are Muslims. It is even still religious discrimination and the employer has no right to think and act in such a fashion. And any for any such discrimination appropriate legal action can be taken by the victim or the employee.