Religious Discrimination in New Jersey

New Jersey Religious Discrimination Attorney

Your faith, whether it shapes how you dress, when you pray, which days you observe, or simply how you move through the world, is a fundamental part of who you are. It is also legally protected in the workplace. When an employer refuses to accommodate your religious practices, penalizes you for your beliefs, or creates an environment that makes you feel unwelcome because of your faith, they may be breaking the law. At the Law Office of David H. Kaplan, we represent employees throughout New Jersey who have been subjected to religious discrimination and fight to ensure employers meet their legal obligations.

Laws That Protect New Jersey Workers from Religious Discrimination

Title VII of the Civil Rights Act

Title VII prohibits employers with 15 or more employees from discriminating against employees or job applicants on the basis of religion. It requires employers to reasonably accommodate an employee's sincerely held religious beliefs, practices, and observances unless doing so would impose an undue hardship on the business.

The New Jersey Law Against Discrimination (NJLAD)

The NJLAD prohibits discrimination based on religion or creed and applies to employers with one or more employees. Like Title VII, it requires reasonable accommodation of religious practices. The NJLAD's definition of religion is broad and includes all aspects of religious observance, practice, and belief, including non-traditional and minority faiths.

What Counts as a Religious Belief or Practice?

Protected religious beliefs and practices under the NJLAD and Title VII are broadly defined. They include:

• Traditional organized religions such as Christianity, Judaism, Islam, Hinduism, Buddhism, and Sikhism

• Lesser-known or non-mainstream religious beliefs

• Sincerely held moral or ethical beliefs that occupy the same place in a person's life as traditional religion

• Religious observances such as Sabbath observance, prayer times, religious holidays, and dietary restrictions

• Religious dress and grooming practices such as headscarves, yarmulkes, turbans, and beards

Importantly, a religious belief does not need to be shared by others or formally recognized by an organization to be protected.

What Is a Reasonable Religious Accommodation?

Employers are required to provide reasonable accommodations for an employee's sincerely held religious practices unless doing so would cause an undue hardship. Common examples of religious accommodations include:

• Schedule modifications to observe the Sabbath or religious holidays

• Shift swaps or flexible scheduling for prayer times

• Exceptions to dress code or grooming policies for religious attire

• Time off for religious observances not covered by standard leave policies

An employer cannot simply refuse to accommodate a religious practice because it is inconvenient. However, following a 2023 U.S. Supreme Court decision, the standard for what constitutes undue hardship under federal law has been raised. Employers must now show a substantial increased cost in the context of their particular business, rather than merely a de minimis burden.

What Does Religious Discrimination Look Like?

Religious discrimination in the workplace can take many forms, including:

• Being fired, demoted, or disciplined because of your religion

• Being refused a reasonable accommodation for a religious practice

• Being subjected to derogatory comments, jokes, or harassment based on religion

• Being passed over for hiring or promotion because of your religion

• Being forced to participate in religious activities against your will

• Being treated differently than employees of a different faith in otherwise similar situations

What Is the Statute of Limitations for Religious Discrimination in New Jersey?

Under the NJLAD, you generally have two years from the date of the discriminatory act to file a lawsuit. For federal Title VII claims, you must file a charge with the EEOC within 300 days.

What Damages Can I Recover?

Employees who prevail in religious discrimination cases in New Jersey may be entitled to recover:

• Back pay and lost benefits

• Front pay or reinstatement

• Compensatory damages for emotional distress

• Punitive damages in cases of egregious conduct

• Attorney's fees and costs

Frequently Asked Questions

What if my religious belief is not part of an organized religion?

You are still protected. Both the NJLAD and Title VII protect sincerely held religious, moral, and ethical beliefs even if they are not part of a formal religion or shared by a larger group.

Does my employer have to give me every religious accommodation I request?

No, but they must provide a reasonable accommodation unless it causes an undue hardship. If your employer denies your request, they should explain why. A blanket refusal without considering alternatives may violate the law.

What if my coworkers are harassing me about my religion?

Religious harassment by coworkers can create an unlawful hostile work environment. If you reported the harassment and your employer failed to take corrective action, the employer may be liable.

Can my employer require me to work on my Sabbath or religious holidays?

Not without first attempting to accommodate your religious observance. If your employer denied a schedule modification or shift swap that would have resolved the conflict without undue hardship, that refusal may constitute religious discrimination.

Am I protected if I have no religious beliefs?

Yes. Title VII and the NJLAD also protect employees from discrimination based on a lack of religious belief. Atheists and agnostics are protected just as those with religious beliefs are.