What Is the Statute of Limitations to File a Religious Discrimination Lawsuit?
Discrimination in the workplace is a trauma that no one should go through. There have been laws passed that prevent discrimination of all kinds in the workplace, and employers and coworkers who commit these actions are breaking serious laws. Indeed, an employer that does not do its part to stop discrimination from occurring can be said to be complicit in the act. Religious discrimination has become a problematic occurrence in the workplace – despite there being an option to not disclose your religion on job applications, some employers will make decisions based on what they perceive your religion to be. Further, they may try to enact certain rules against you to prevent you from observing your religion while at work. These grievances may be small at times, but if done at length, they can lead to even more discriminatory practices, and once that door is opened, it becomes very hard to shut. Our empathetic attorneys at the California Employment Attorneys Group are here to make sure you are not discriminated against at work because of your religion. If so, we want to change your workplace for the better and bring you compensation from those responsible. Our clients often call us with questions about religious discrimination, some examples of which include:
- What is the California Statute of limitations for religion discrimination cases?
- Is there a deadline to sue in California for religion discrimination claims?
- How long is the time limit in California to file a lawsuit against your employer for religious discrimination?
Defining Religious Discrimination
Religious discrimination, according to the Equal Employment Opportunity Commission (EEOC), is defined as such: “Religious discrimination involves treating a person (an applicant or employee) unfavorably because of his or her religious beliefs.” This means that you cannot face negative actions in the workplace because of your observed religion, as per Title VII of the Civil Rights Act of 1964. For example, some prospective applicants have marked their religions down on job applications only to be turned away for those reasons. Of course, an occurrence like this is extremely hard to prove; many times, employers do not inform the applicants that they have not been selected for the job. It would be more apparent if the individual interviewed for the position and then noticed there were remarks made about his religion or if there were leading questions that were attempting to get more information about his religious beliefs and practices.
When in the workplace itself, there are various types of discrimination that can occur. Although many places of employment have dress codes, some individuals may discuss options with their employers to not adhere to the dress code at all times for certain religious reasons. For example, a Muslim woman’s hijab may fall under a disallowed piece of attire if there are no caps allowed in the workplace. Employers who force individuals to adhere to these rules can be punished; the accommodation required is not intrusive, so the individual may not see any reason why he or she should be discriminated against.
Other types of religious discrimination with respect to clothing include preventing the wearing of crosses by Christians and Catholics and turbans by Sikh men, as well as attacking the decision by some women of the Orthodox Jewish faith to not wear pants or short skirts. Other ways these individuals can be discriminated against include different or disparate treatment (denied promotion, refused to hire, less job duties, cut hours, wrongful termination, and more), denial of reasonable accommodations, segregation in the workplace, not giving you time off on a religious holiday, harassment while at work, retaliation for a complaint or request for reasonable accommodation.
If your boss or employer has discriminated against you or a fellow employee for being Muslims, Jews, Christians, Catholics, or Buddhists, or has attacked you for practicing Islam, Hindu, Christianity, or another religion, reach out to one of our attorneys at the California Employment Attorneys Group today. We can help you take action against your employer with a workplace discrimination lawsuit for discriminating against your religion.
Statute of Limitations for Religious Discrimination Lawsuits in California
Religious discrimination claims have a set of unique deadlines that apply to them when you are attempting to file a lawsuit. You should be aware of these deadlines, as they can offer you crucial information as to how long you have to gather evidence. Not every entity has the same amount of time, either; for this reason, we recommend reaching out to an attorney at the California Employment Attorneys Group so you will never miss a deadline. Our attorneys can help keep your case on track and will make sure that your evidence and supporting materials are always on time, and we will strive to keep your claim at the top of the pile.
For most claims against regular employers, you have a time limit of 180 calendar days to file your claim. If, however, there are certain state or local laws that enforce discrimination policies in your area, then that time frame increases from 180 days to 300 days. However, if you are intending to file a claim against a federal agency, the statute of limitations to do so is drastically reduced, sitting at 45 days.
The takeaway, then, is to do everything you can to file a lawsuit as quickly as possible – and to do so, you may need to rapidly enlist the assistance of an experienced attorney.
Steps to Take in Filing a Lawsuit
If the harassment or discrimination over your religion has been happening at work for some time, you should do everything you can to document it. This includes taking photos of any offensive objects in the office, recording any negative or harassing interactions, taking down witness testimony, and printing any discriminatory or inflammatory texts or emails. Ample evidence is crucial in filing a religious discrimination claim. Importantly, you should have the evidence from the most recent encounter; a lawsuit’s statute of limitations goes into affect following the last day of the discrimination, but you can provide evidence of a pattern and thus bolster your claim.
Next, you should go to your boss or to your representative at your Human Resources department for help in dealing with the discrimination. An authority figure may hold a meeting or a private session with the responsible party or parties and let them know that their actions are punishable under law and are grounds for termination. However, in some cases, your boss may simply wash his hands of the entire affair, while HR may not want to get involved in order to avoid strife and conflict. You should keep records of these encounters to show that you did attempt to seek help from someone at the company, but none came. Unfortunately, this appears to be the prevailing attitude, and it is what often necessitates the third step.
Find an expert lawyer with experience in religious discrimination cases to represent you in court. It is crucial that you do not attempt to fight a company yourself; while it is possible, it is not wise – your employer likely has multiple attorneys who are well versed in shutting down these claims, and you may not have the time, energy, or experience needed to win your case. A workplace discrimination lawyer can help.
Our Law Firm is Here for You
If you have suffered religious discrimination at the workplace and need assistance filing a claim before the statute of limitations runs out, contact our law offices in Los Angeles. The California Employment Attorneys Group is available to take your lawsuit and work towards bringing you fair compensation and effecting change in your workplace. We can help you earn back lost wages and win you noneconomic and punitive damages if the harms were particularly egregious. Our goal is centered around improving the conditions of the workplace for everyone.
Call us today for a free consultation with an experienced attorney. You can ask any question you want about the legal process and we will answer them to the best of our ability. We know that you may be searching for necessary information before filing a claim, and we hope to provide you with exactly what you need to know. No one should file a lawsuit blindly, and we encourage all of our clients to become more familiar with their claims and the laws that are being discussed.
If you come to us for help filing your claim, you will receive a zero fee guarantee – meaning you will pay no out of pocket expenses throughout the entire litigation process. Our fees will be taken care of in your settlement; essentially, your employer will pay for your legal fees. If we lose your case, you don’t owe us anything at all.
Contact the California Employment Attorneys Group for more help filing a religious discrimination lawsuit.