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San Diego Religious Discrimination Attorney

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Religious discrimination is a serious issue that can have devastating consequences. It is illegal to discriminate against someone because of their religious beliefs, but it still happens all too often. If you find yourself in this situation, it’s important to speak with a religious discrimination lawyer as soon as possible. Contact Gomez Trial Attorneys today to schedule a free consultation.

WHAT IS RELIGIOUS DISCRIMINATION?

Religious discrimination occurs when an employer or employee treats another person differently because of their religious beliefs or practices.

The most common types of religious discrimination include refusal to hire or promote an individual because of their religion, unequal pay and benefits based on religion, and harassment based on religion. Other examples include refusing to accommodate an employee’s religious beliefs or practices and singling out certain employees for unfavorable treatment because of their faith.

Employers are required by law to make reasonable accommodations for employees whose religious beliefs conflict with work requirements as long as it does not create an undue hardship for the employer. This could include changing dress codes for religious clothing such as hijabs or yarmulkes, altering scheduling arrangements to accommodate prayer times, and allowing time off for religious holidays.

RELIGIOUS DISCRIMINATION LAWS IN CALIFORNIA

California has laws that protect individuals from experiencing religious discrimination at work. Employees are protected by both the federal Civil Rights Act of 1964 and the state Fair Employment and Housing Act (FEHA). These laws protect employees from being treated differently or unfairly based on their religion, including practices like harassment or refusing to hire someone because of their faith.

WHEN IS ACCOMMODATION POSSIBLE?

An employer must make reasonable efforts to accommodate an employee’s religious beliefs unless doing so would cause an undue hardship on the business. If accommodation is possible without creating any undue hardship, then employers must provide it for their employees in order for their work environment to remain non-discriminatory. The key here is that employers should make every effort possible to help employees balance their work with their religious obligations rather than simply refusing them outright.

WHAT IS UNDUE HARDSHIP?

Undue hardship refers to any situation where an employer or other organization cannot reasonably accommodate a person’s religious beliefs without suffering significant financial or operational consequences. This can include changes such as altering hours, providing different tasks or allowing time off for religious observances or holidays.

If these accommodations would cause undue hardship to the organization, they are not required by law. For example, if there are only two employees in a business and one of them needs extra time off for religious holidays, this may be considered an undue hardship on the employer since they would need to essentially hire another employee to fill those shifts.

FILING A COMPLAINT

If you believe your employer has violated one of these laws, there are options for filing a complaint. The first step is to file an administrative complaint with either the California Department of Fair Employment and Housing (DFEH) or the federal Equal Employment Opportunity Commission (EEOC). After either organization receives your complaint, they will investigate the situation to determine if any violations occurred. This process can take anywhere from several weeks to several months, depending on how complex the case is.

If they find evidence of a violation, they will take further action. If they find that no violation has occurred or decide they will not pursue your claim, your case will be dismissed, and you will have the right to sue your employer in court.

WINNING A RELIGIOUS DISCRIMINATION CASE: WHAT YOU NEED TO KNOW

If you believe you have been discriminated against based on your religious beliefs, you may be entitled to file a lawsuit. Here’s what you need to know about winning a religious discrimination lawsuit.

KNOW YOUR RIGHTS

The first step in winning your religious discrimination case is understanding your rights. The Civil Rights Act of 1964 and other federal laws protect individuals from discrimination based on their religion. In addition, California has laws that prohibit employers from discriminating against employees based on their religious beliefs. It is important to be aware of these laws so that you know what kind of action is considered illegal.

GATHER EVIDENCE

To win your case, you will need to provide evidence that proves that you were discriminated against due to your religion. This might include emails or other documents with comments or remarks made by your employer regarding religion or testimonies from other employees who experienced similar discrimination. It is important to document any instances of religious discrimination as soon as possible, so be sure to keep track of dates and times when they occurred.

FIND AN EXPERIENCED LAWYER

Finally, it is important to find an experienced lawyer who specializes in employment law and has experience handling cases like yours. A good lawyer for religious discrimination will understand the intricacies of employment law and be able to explain them clearly and concisely to you and the court. They will also be able to provide guidance on how best to present your case and navigate through the legal system successfully.

HOW MUCH IS MY RELIGIOUS DISCRIMINATION CASE WORTH?

If you’ve been a victim of religious discrimination, you may be wondering how much your case is worth. After all, the impact of religious discrimination can be far-reaching and have long-lasting effects on your mental health and career opportunities. The amount of compensation you may receive depends on a number of factors. Consider the following:

One key factor that affects the value of a religious discrimination case is the severity and duration of the discrimination. For example, if an employer fired an employee for their religion, this would typically result in greater damages than if an employer simply made one insulting comment about their religion. Similarly, if an employee was subject to ongoing discrimination over a long period of time as opposed to isolated incidents, they could expect greater damages as well.

The type of compensation awarded in a religious discrimination case will also depend on whether or not it goes to trial. If it does proceed to trial, both punitive damages and compensatory damages could be awarded; however, if it is settled out of court, punitive damages are unlikely to be included.

Compensatory damages can include things like financial losses caused by discriminatory behavior. These are calculated based on factors such as lost wages and medical bills incurred due to any physical or emotional harm suffered as a result of the discrimination.

Finally, another key factor that determines how much money you might receive in a religious discrimination case is state law. California has its own set of laws when it comes to employment matters such as religious discrimination cases. It’s important to consult with an experienced religious discrimination attorney who specializes in these cases to get an accurate estimate of what your case may be worth before proceeding with legal action.

CONTACT GOMEZ TRIAL ATTORNEYS FOR HELP WITH YOUR RELIGIOUS DISCRIMINATION CLAIM

Religious discrimination is illegal under both federal and state law, but if it does occur, it’s important for victims to know how they can fight for justice. By understanding your rights and gathering evidence, you can increase your chances of winning your case against those who have wronged you. For help with your religious discrimination claim, contact a religious discrimination attorney at Gomez Trial Lawyers today for a free consultation by calling 866-TRIAL LAW (866-874-2552) or by contacting us online.

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August 2020

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