Attorney to File Discrimination Lawsuit for Wearing a Hijab
Facing religious discrimination in the workplace can be unsettling and depressing, as well as can cause anxiety or fear, as religious conviction is a driving factor in harsh actions from some. It may be difficult to overcome religious discrimination or even to broach the discussion, especially if the subject is to request a religious accommodation. Recently, women who wear religious headscarves or headwear have suffered from more prejudice than before, leading some to be too fearful to alert their employers to their practices. Others have chosen to file requests for accommodations and have been terminated, and still, others have been harassed, ridiculed, and mistreated. California Labor Law Employment Attorneys Group is here to help victims of religious discrimination receive fair compensation for the mistreatment they have received while at their jobs. Our clients may need guidance on how to file a claim against their employers or may not know the full extent of the law regarding workplace discrimination. They ask us questions like:
- Can employer require you to take off your religious headdress?
- Can your employer fire you for wearing a religious headdress?
- Can I sue my job if they made me remove my head scarf?
- Can I file a lawsuit against my employer if he didn’t let me wear my hijab?
Common Argument against Religious Outfits
All employers must grant religious accommodations to employees who request them, provided the accommodations would not bring an undue hardship on the company. This right is afforded to employees under Title VII of the Civil Rights Act of 1964, which prohibits and religious discrimination in the workplace. This includes such actions as preventing an employee from engaging in prayer time, refusing to allocate certain areas dedicated to religious practices, denying employment to an applicant based on his or her religion, and granting no exemptions to the company’s dress code or look policy.
Some employers attempt to challenge these rights by claiming that the alleged beliefs are not sincerely held by the employee or that granting exemptions is a form of inequality.
In some religions, a woman may choose to wear a religious headscarf or veil, at her personal behest; that is, she may only wear the headscarf during a holy season, for instance, instead of throughout the year. If she does so, that does not mean her belief is insincerely held. Unfortunately for both parties, the degree of sincerity is not something that can be truly measured, as it rests on the basis of belief – an interior value that may have different outward manifestations in everyone. Thus, employers are seldom able to tell what beliefs are sincerely held and which are not, and the employees may not be able to readily convince superiors that their beliefs are constant.
Additionally, an employer may choose not to grant a religious accommodation if he feels that doing so would promote an air of inequality at the workplace. For example, if company policy dictates that no hats, caps, or other headwear may be worn while at the workplace, he may feel it is wrong to allow a Muslim woman to wear her headscarf. Both men and women must adhere to the same policy, he can argue. Be that as it may, his actions would be in violation of Title VII.
Discrimination at the workplace takes on many forms. We have had clients ask is it religious discrimination “if he forced me to take off my headdress” or “if I’m disparaged for wearing a headdress as a Muslim?” The answer is, of course, yes, and you are entitled to compensation for this occurrence.
However, other types of discrimination can occur. For example, your employer may choose to give preferential treatment to those who do not outwardly showcase a religion, or who share his own beliefs, by granting them promotions and favorable shifts. You can claim religious discrimination for not being promoted because of wearing a headscarf if it is apparent that you were in line for one and deserved it more than the person who received it instead.
Further, you may be the victim of harassment at the workplace, whether by your employer, fellow co-workers, or even clients who frequent your job. Some forms of harassment that have been reported by women showcase how aggressive those with prejudice can be. Some said that people would “demand I take off my hijab” while others were constantly being made fun of for wearing hijabs or other headwear. Any harassment at the workplace that leaves you feeling threatened or greatly uncomfortable and may alter your working conditions is in direct violation of Title VII, and should be reported immediately.
Filing a Claim Made Easy
If you require assistance filing a religious discrimination claim with the EEOC or FEPA, look no further than us at California Labor Law Employment Attorneys Group. We are here to help guide you through the legal process and will represent you in the court of law. Workplace discrimination claims have tight deadlines on their statute of limitations, and federal and state agencies have different procedures. When you select us, you will learn the best route to take and which agency may yield us the most rewarding results.
Our goal is to keep you feeling safe, unthreatened, and at peace while working, and we hope that the additional compensation you can earn from a settlement helps in some way. You are eligible to earn damages from lost income, pain and suffering, and punitive damages, as well as be able to be promoted or reinstated.
Contact us today and we will talk with you in a free legal consultation about your discrimination case. We will give you all the information you need over the litigation process, your required actions, and settlement values. Further, our firm operates under a zero fee guarantee that promises you pay no out of pocket expenses for our legal representation. Our fees are only paid in the event we win your case and net you restitution for your claim.
If you have been discriminated against due to your religious headwear, California Labor Law Employment Attorneys Group can help. Call our Los Angeles office today to speak to an attorney.