It is illegal for employers to make any employment decision based on religion, religious beliefs, or spiritual practices. Moreover, employers must also provide "reasonable accommodation,” often referred to as a change in a workplace rule or policy that allows an employee to engage in religious practice without conflicting with work obligations. Making employment decisions about wages, promotions, discipline, suspensions, or terminations even partly on the basis of an employee’s religion or creed is prohibited by Title VII of the federal Civil Rights Act and state law in the Minnesota Human Rights Act.
It is also illegal for employers or fellow employees to make unwelcome comments or behaviors based on religion, religious beliefs, or spiritual practices, in which case you may have a hostile work environment claim.
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Religious Discrimination FAQs
+ How do I prove workplace religious discrimination?
In order to win an employment religious discrimination claim, you must prove that the stated reason for an employment decision is not the actual, illegal reason – your religion, religious beliefs, or spiritual practices. Your employment lawyer needs to demonstrate that the employer’s stated decisions about wages, promotion, discipline, suspension, or termination are either factually wrong or that they weren’t applied equally to similarly-situated employees with different religious practices.
+ Can my employer fire me if I claim religious discrimination?
No. If your employer terminates you for making a complaint of religious discrimination, then you have a retaliation case in addition to your religious discrimination case.
+ How much is a workplace religious discrimination case worth?
This depends on the strength of your case, the amount of damages you’ve suffered, and ultimately on the ability of your employer to pay. While it is not possible to state what the average settlement for a workplace religious discrimination case is, we will be able to better estimate the possible outcomes during your free consultation.
+ Can I claim religious discrimination even if I quit my job?
Yes. If your employer made working conditions so hostile that you had no choice but to resign, this is known as constructive discharge. Workplace religious discrimination claims may still apply under these circumstances.
+ What is the statute of limitations for a religious discrimination case?
In Minnesota, you have one year from the date of the last act of religious discrimination to bring a lawsuit or file a claim with the Minnesota Department of Human Rights. You have 300 days from the date of the last act of religious discrimination to file a claim with the Equal Employment Opportunity Commission, if you want to bring federal claims under Title VII.
+ What should I do if my employer has discriminated against me because of my religion?
Write everything down: what happened to you; the dates of the discriminatory acts, who made the employment decisions or communicated them to you, what they said were the reasons for the decisions, and who was present; whether you think the reasons your employer gave you were accurate and why; the names of employees that you think may have useful information; and the types of documents that you think may have useful information.
Gather documents: pay stubs; personnel files; employee handbook; any other letters, text messages, or emails from your employer that you think might be helpful. You should send a written request to your employer requesting your personnel file and the reason for the decision about wages, promotion, discipline, suspension, or termination, which must be provided to you under Minnesota law.
In the event your employment was terminated and if your employer has not paid you all of your wages, request those wages in writing.