It is illegal for an employer to discriminate against an employee based on religious creed. This means an employer may not, based on religion, terminate, refuse to hire, or otherwise discriminate against an employee in terms of compensation or the conditions or privileges of employment. California Government Code section 12940(a).
Moreover, it is illegal for an employer to discriminate against an employee because of a conflict between the employee’s religious belief or observance and any employment requirement, unless the employer covered by this part demonstrates that it has explored any available reasonable alternative means of accommodating the religious belief or observance, including the possibilities of excusing the person from those duties that conflict with his or her religious belief or observance or permitting those duties to be performed at another time or by another person, but is unable to reasonably accommodate the religious belief or observance without undue hardship. The term “religious belief or observance” includes, but is not limited to, observance of a Sabbath or other religious holy day or days, reasonable time necessary for travel prior and subsequent to a religious observance, and religious dress practice and religious grooming practice as described in Government Code Section12926(q).
An accommodation of an individual’s religious dress practice or religious grooming practice is not reasonable if the accommodation requires segregation of the individual from other employees or the public.
An accommodation is not required under the subdivision if it would result in a violation of this part or any other law prohibiting discrimination or protecting civil rights, including subdivision (B) of Civil Code Section 51 (Unruh Civil Rights Act) and Section 11135 of the Government Code.
It is illegal for an employer to retaliate or otherwise discriminate against an employee for requesting accommodation for his or her religious practices. California Government Code Section 12940(l)(4).
If you believe you have been discriminated against by your California employer because of your religion, or that your California employer has illegally failed to accommodate your religious beliefs or practices, please call Hubbs Disability Law for a free consultation at (800) 883-3492, or fill out our contact form.