Religious Discrimination

No one should have to choose between their faith and their job. California law prohibits employers from discriminating against employees because of their religion, and requires employers to accommodate religious beliefs, practices, dress and grooming.

On this page: What is protected · Examples · Accommodation · Retaliation · What to do · FAQ

Smith Trial Group represents employees throughout Orange County and Southern California in religious discrimination, harassment and accommodation cases. Our employment results include a $500,000 settlement in a wrongful termination and discrimination case. Consultations are free and confidential.

What the Law Protects

California’s Fair Employment and Housing Act (FEHA) prohibits employers with five or more employees from discriminating based on religious creed. Federal law, Title VII, provides similar protection at employers with 15 or more employees. California’s definition of religion is broad. It covers all aspects of religious belief, observance and practice, including:

• Religious dress and grooming practices, such as wearing a hijab, turban, kippah, cross or religious jewelry, and keeping a beard or uncut hair
• Observing a Sabbath or religious holidays
• Prayer and other religious practices during the workday
• Sincerely held beliefs outside traditional organized religion
• Having no religious belief at all

Examples of Religious Discrimination

• Refusing to hire or promote someone because of their religion or religious dress
• Firing an employee after learning of their faith or conversion
• Assigning an employee away from customers because of a headscarf, turban or beard
• Pressuring employees to participate in, or abandon, religious practices
• Jokes, slurs or comments about an employee’s religion that create a hostile work environment
• Refusing reasonable schedule changes for religious observance

Religious Accommodation

Employers must reasonably accommodate an employee’s religious beliefs and practices unless the accommodation would cause undue hardship, meaning significant difficulty or expense. Common accommodations include schedule changes and shift swaps for the Sabbath or holidays, breaks for prayer, and exceptions to dress code and grooming policies.

Under California law, an accommodation that segregates an employee from customers or the public because of religious dress or grooming is not a reasonable accommodation. Federal law was strengthened in 2023 as well: the U.S. Supreme Court held that an employer must show substantial increased costs, not just a minor burden, to refuse a religious accommodation.

Retaliation Is Also Illegal

An employer cannot punish you for requesting a religious accommodation or for complaining about religious discrimination or harassment. Discipline, demotion or termination after such a request can support a separate retaliation claim.

Religious Employers

Some religious organizations, such as certain nonprofit religious corporations, are exempt from parts of these laws. Whether an exemption applies depends on the organization and the job, so it is worth having the facts reviewed.

What to Do

• Make accommodation requests in writing and keep copies of the responses.
• Write down discriminatory comments, with dates and witnesses.
• Report discrimination or harassment through your employer’s process if it is safe to do so.
• Watch the deadline: most FEHA claims must be filed with the Civil Rights Department within three years. See How Long Do I Have to Sue My Employer?

Related: workplace discrimination, national origin discrimination and wrongful termination.

Helpful resources: California Civil Rights Department · EEOC: Religious Discrimination

Frequently Asked Questions

Does my employer have to give me time off for religious holidays?

Your employer must reasonably accommodate religious observance, which often includes schedule changes, shift swaps or use of paid time off, unless it would cause undue hardship.

Can my employer ban religious head coverings under a dress code?

Generally no. Religious dress and grooming are protected in California, and employers must accommodate them unless it would cause undue hardship. Moving you out of public view is not a reasonable accommodation.

Am I protected if I am not religious?

Yes. California and federal law protect employees from discrimination because they do not hold religious beliefs, and from pressure to participate in religious activities.

How do I prove religious discrimination?

Evidence often includes comments about your religion, timing after a request for accommodation, and differences in how you were treated compared with co-workers. A lawyer can help gather and evaluate this evidence.

Related guides: How long do I have to sue my employer? · Signs of workplace retaliation