
In both Federal and New Jersey state anti-discrimination laws, freedom of religion is protected in the workplace. An employer has a legal obligation to accommodate, when reasonable, an employee's specific religious beliefs. It is not important whether this religious belief is part of a majority or mainstream religious view, but rather that the employee's religious convictions are sincerely held. These accommodations may be days or time off for religious observances or permitting the wearing of religious clothing and articles.
Both the New Jersey Law Against Discrimination and the Federal Civil Rights Act protect employees from religious discrimination in the workplace.
An employer has a legal obligation to make reasonable accommodations for an employee who notifies his/her employer that their religious belief conflicts with a particular job requirement. The employer must make reasonable efforts to accommodate the employee. These efforts need only be reasonable and may not take away from the essential requirements of the employees work. In addition, these accommodations cannot interfere with safety in the workplace. Some types of reasonable accommodations that the law has recognized are days or time off for religious observance, religious requirements not to shave, the wearing of certain headgear in the workplace, or the wearing of religious clothing articles and/or religious symbols. In addition to the State and Federal anti-discrimination statutes, the First Amendment of the United States Constitution protects individuals freedom of religion. If an employee is working for a government entity or sub-division of a government entity, their religious preferences are protected by the First Amendment to the United States Constitution.
In addition to the reasonable accommodations requirement, an employer has an obligation to prevent harassment or unfair treatment of employees based upon their religious beliefs, preferences, or even the articles of clothing they may wear in the workplace. An employer has an obligation not only to prevent official "company harassment or unfair treatment", but any discriminatory harassment or unfair treatment by co-employees in the workplace. Once an employee raises an issue of harassment or unfair treatment based on religious observations, an employer has an obligation to take immediate action to cure any problem.
It is also unlawful to retaliate against an individual for raising a complaint of discrimination for being a witness in a matter involving religious discrimination. Any individual who believes they have been discriminated against based upon their religious beliefs has the right to file a complaint with the New Jersey Attorney General's Office, the Division of Civil Rights, or the Equal Employment Opportunity Commission. Both Federal and State law also provide for a private claim, or lawsuit, against an employer for failure to provide an anti-discriminatory workplace.
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