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Religious Discrimination | Free Consultation

Both federal and state law prohibit discrimination based on religion

Religious Discrimination Violates Federal and State Law

 

Religious discrimination is a serious problem that can have devastating consequences for its victims. It can take many forms, including harassment, denial of employment opportunities, and even violence. Under both federal and state law, religious discrimination is illegal.

 

Rights Under Federal Law

 

The Civil Rights Act of 1964 prohibits discrimination on the basis of religion in employment, housing, public accommodations, and education. The Equal Employment Opportunity Commission (EEOC) is the federal agency responsible for enforcing Title VII of the Civil Rights Act, which prohibits religious discrimination in employment.

 

To establish a claim of religious discrimination under Title VII, a plaintiff must show that they were:

 

  • A member of a protected class (i.e., a person who has a sincerely held religious belief);
  • Terminated from their employment, denied a promotion, or otherwise discriminated against because of their religion; and
  • The discrimination was based on their religion and not some other factor (such as their performance).

 

If a plaintiff can establish these elements, they may be entitled to damages, including back pay, front pay, compensatory damages, and punitive damages.

 

Rights Under Illinois Law

 

The Illinois Human Rights Act (IHRA) also prohibits discrimination on the basis of religion. The Illinois Department of Human Rights (IDHR) is the state agency responsible for enforcing the IHRA.

To establish a claim of religious discrimination under the IHRA, a plaintiff must show that they were:

 

  • A member of a protected class (i.e., a person who has a sincerely held religious belief);
  • Terminated from their employment, denied a promotion, or otherwise discriminated against because of their religion; and
  • The discrimination was based on their religion and not some other factor (such as their performance).

If a plaintiff can establish these elements, they may be entitled to damages, including back pay, front pay, compensatory damages, and punitive damages.

 

Examples of Violation of Rights

 

There are many examples of religious discrimination that have been reported. Some common examples include:

 

      • Harassment: This can include making fun of someone’s religion, making derogatory comments about their religion, or telling them that their religion is not welcome.
      • Denial of employment opportunities: This can include not being hired for a job, being fired from a job, or being denied a promotion because of your religion.
      • Refusal to accommodate religious practices: This can include refusing to allow someone to take time off work for religious holidays, refusing to allow someone to wear religious clothing, or refusing to allow someone to pray at work.
      • Violence: This can include physical assault, threats of violence, or vandalism of religious property.

Here are some examples of religious discrimination in the workplace:

      • An employer may refuse to hire someone because of their religion.
      • An employer may fire someone because of their religion.
      • An employer may deny someone a promotion because of their religion.
      • An employer may require someone to work on a religious holiday.
      • An employer may refuse to allow someone to wear religious clothing.
      • An employer may refuse to allow someone to pray at work.

Here are some examples of religious discrimination in education:

      • A school may refuse to admit a student because of their religion.
      • A school may expel a student because of their religion.
      • A school may require a student to participate in religious activities.
      • A school may refuse to allow a student to wear religious clothing.
      • A school may refuse to allow a student to pray at school.

Here are some examples of religious discrimination in housing:

      • A landlord may refuse to rent to someone because of their religion.
      • A landlord may evict someone because of their religion.
      • A landlord may charge someone more rent because of their religion.
      • A landlord may refuse to make reasonable accommodations for a tenant’s religious practices.

 

Here are some examples of religious discrimination in public accommodations:

 

    • A business may refuse to serve someone because of their religion.
    • A business may charge someone more for a service because of their religion.
    • A business may refuse to make reasonable accommodations for a customer’s religious practices.
    • A government agency may refuse to provide services to someone because of their religion.

 

Remedies for Religious Discrimination Under Federal Law

 

If you believe that you have been the victim of religious discrimination, you may be able to file a complaint with the Equal Employment Opportunity Commission (EEOC). The EEOC is a federal agency that enforces anti-discrimination laws.

 

To file a complaint with the EEOC, you must first file a charge of discrimination. You can file a charge online or by mail. You will need to provide information about the discrimination you experienced, including the name of the person or company that discriminated against you, the date and location of the discrimination, and a description of what happened.

 

Once you have filed a charge, the EEOC will investigate your claim. If the EEOC finds that there is reasonable cause to believe that discrimination occurred, they will attempt to resolve the matter through mediation. If mediation is unsuccessful, the EEOC may file a lawsuit on your behalf.

 

If you win your case, you may be entitled to damages, including back pay, front pay, compensatory damages, and punitive damages. You may also be entitled to injunctive relief, which is an order from the court requiring the person or company that discriminated against you to stop discriminating.

 

Remedies for Religious Discrimination Under Illinois Law

 

If you believe that you have been the victim of religious discrimination in Illinois, you may be able to file a complaint with the Illinois Department of Human Rights (IDHR). The IDHR is a state agency that enforces anti-discrimination laws.

 

To file a complaint with the IDHR, you must first file a charge of discrimination. You can file a charge online or by mail. You will need to provide information about the discrimination you experienced, including the name of the person or company that discriminated against you, the date and location of the discrimination, and a description of what happened.

 

Once you have filed a charge, the IDHR will investigate your claim. If the IDHR finds that there is reasonable cause to believe that discrimination occurred, they will attempt to resolve the matter through mediation. If mediation is unsuccessful, the IDHR may file a lawsuit on your behalf.

 

If you win your case, you may be entitled to damages, including back pay, front pay, compensatory damages, and punitive damages. You may also be entitled to injunctive relief, which is an order from the court requiring the person or company that discriminated against you to stop discriminating.

 

In addition to the remedies available through the EEOC and IDHR, you may also be able to file a lawsuit in state or federal court. If you file a lawsuit, you may be entitled to the same remedies as if you had filed a complaint with the EEOC or IDHR. However, you may also be able to recover additional damages, such as attorneys’ fees.

 

If you believe that you have been the victim of religious discrimination, you should contact an attorney as soon as possible. An attorney can help you understand your rights and options, and can represent you in any legal proceedings.

 
 
 
 

Key Cases

  • Trans World Airlines, Inc. v. Hardison (1977): The Supreme Court held that an employer is not required to make an undue hardship accommodation for an employee’s religious beliefs if doing so would require the employer to violate a bona fide occupational qualification (BFOQ).
  • Ansonia Board of Education v. Philbrook (1986): The Supreme Court held that an employer is not required to make an undue hardship accommodation for an employee’s religious beliefs if doing so would require the employer to violate a collective bargaining agreement.
  • EEOC v. Abercrombie & Fitch Stores, Inc. (2002): The Supreme Court held that an employer is required to make an accommodation for an employee’s religious beliefs unless doing so would impose an undue hardship on the employer.
  • EEOC v. Townley Engineering & Fabricating Co. (2007): The 7th Circuit held that an employer is not required to make an accommodation for an employee’s religious beliefs if doing so would require the employer to violate a safety rule.
  • EEOC v. Whitecap Management, Inc. (2011): The 7th Circuit held that an employer is not required to make an accommodation for an employee’s religious beliefs if doing so would require the employer to violate a dress code policy.
  • EEOC v. UPS Ground Freight, Inc. (2012): The 7th Circuit held that an employer is not required to make an accommodation for an employee’s religious beliefs if doing so would require the employer to violate a scheduling policy.
  • EEOC v. Integrity Staffing Solutions, Inc. (2016): The 7th Circuit held that an employer is required to make an accommodation for an employee’s religious beliefs unless doing so would impose an undue hardship on the employer. The court also held that an employer’s undue hardship defense must be based on objective evidence, not speculation or conjecture.
  • EEOC v. Franciscan Alliance, Inc. (2018): The 7th Circuit held that an employer is required to make an accommodation for an employee’s religious beliefs unless doing so would impose an undue hardship on the employer. The court also held that an employer’s undue hardship defense must be based on objective evidence, not speculation or conjecture.

 

Why You Should Hire an Attorney for Religious Discrimination Assistance

 

Religious discrimination is a serious problem that can have devastating consequences for its victims. If you believe that you have been the victim of religious discrimination, it is important to speak with an attorney as soon as possible. An attorney can help you understand your rights and options, and can represent you in any legal proceedings.

 

An attorney can help you:

 

  • Understand your rights under federal and state law.
  • Evaluate your case and determine whether you have a valid claim.
  • File a complaint with the appropriate government agency.
  • Negotiate a settlement with your employer or other discriminating party.
  • Represent you in court if necessary.

 

Hiring an attorney is an important step in protecting your rights and obtaining the justice you deserve. If you believe that you have been the victim of religious discrimination, do not hesitate to contact an attorney today.

Here are some additional reasons why you should hire an attorney for religious discrimination assistance:

 

  • Attorneys have the knowledge and experience necessary to handle religious discrimination cases. They know the law and how to apply it to your specific situation.
  • Attorneys can help you navigate the legal system. The legal system can be complex and confusing, especially for people who are not familiar with it. An attorney can help you understand the process and represent you in court.
  • Attorneys can protect your rights. An attorney can make sure that your rights are protected and that you are treated fairly.
  • Attorneys can help you obtain justice. If you have been the victim of religious discrimination, you deserve justice. An attorney can help you get the compensation you deserve.

 

Religious discrimination is a serious problem that can have devastating consequences for its victims. If you believe that you have been the victim of religious discrimination, it is important to speak with an attorney as soon as possible. An attorney can help you understand your rights and options, and can represent you in any legal proceedings.

 

Here are some key points to remember:

 

  • Religious discrimination is illegal under federal and state law.
  • You have the right to be free from discrimination based on your religion.
  • If you believe that you have been the victim of religious discrimination, you should speak with an attorney as soon as possible.
  • An attorney can help you understand your rights and options, and can represent you in any legal proceedings.

 

Contact our office for a free consultation.