religious discrimination

What is a “Protected Class” in Los Angeles Employment Discrimination Lawsuit?

February 20, 2019 | by Nassiri Law

In order to be successful in claiming employment discrimination in California, employees must first assert they are part of a protected class that received unfair treatment. The U.S. Equal Employment Opportunity Commission (EEOC) explains that to discriminate means to treat someone less favorably and disparately, with federal protections extending to individuals on the basis of gender, religion, color, race, national origin, disability or age (over 40). In California, unlawful practices spelled out by the Fair Employment and Housing Act 12940 outlines protections for these classes, but also for:

Genetic information
Marital status
Gender identity/gender expression
Sexual orientation
Military or veteran status

Part of the reason California’s additional protected classes matter is they go farther than federal law, giving unfairly-treated employees more options to pursue action.

As Los Angeles employment discrimination attorneys can explain, “protected classes” aren’t merely limited to minorities. But employment discrimination is often subtle – and doesn’t necessarily need to actually be a part of a protected class in order to be protected. Discrimination based on the perception of belonging or association with others in these classes can be actionable in California employment discrimination cases too.

Perceived Protected Class Employment Discrimination Continue Reading ›

UPS Pays $5 Million for Religious Discrimination of Male Haircut Policy

December 26, 2018 | by Nassiri Law

For subjecting employees to religious discrimination at work with its haircut policy, package delivery company UPS has agreed to pay $5 million. Los Angeles religious discrimination attorneys understand company uniform policy was that males who interacted with customers maintain hair above collar length and never grow a beard (no facial hair below the lip). The problem with this, according to numerous former employees and the Equal Employment Opportunity Commission, is that this rule conflicted with their faith, which required them to keep their hair and beards uncut.

Business Insider reports the policy was specific to workers who had interactions with customers. Beards and long hair were allowed, however, for those employees who worked positions that were back-of-the-house. This put advancement limitations on employees from a number of religious faiths, including:

Islam
Rastafarianism
Orthodox Christianity
Sikhism
Native American religions

Each of these faiths has provisions that instruct men – either always or sometimes – to maintain long hair and facial hair. Applicants, employees and former employees were often forced to choose, the EEOC said, whether they should go against the teachings of their religion or whether they really wanted to land or keep that UPS job (or hoped to advance any further in it than stocking). Some applicants were told, “No haircut, no job.” Requests for accommodation by these men were rejected. Continue Reading ›

California Religious Discrimination Lawyer: $3.2M Damage Award Against Hospital

November 10, 2018 | by Nassiri Law

One of the biggest challenges as a California religious discrimination attorney is to determine whether adverse employment action occurred in fact as a result of prejudice stemming from negative views of the employee’s faith or whether some other reason justified the firing.

Recently, the San Bernardino Superior Court determined after a six-week rial that a 44-year-old hospital warehouse employee had been harassed and ultimately fired by his supervisors specifically because of religious beliefs. Plaintiff was awarded $3.2 million in damages following a six-week long trial.

Defendant hospital still insists the reason for the worker’s termination had nothing to do with his religious beliefs, but rather because of alleged threatening conduct. The hospital still has the option of appealing the California religious discrimination lawsuit verdict, thought it’s not clear if they will. Continue Reading ›

Construction Company Mandates Bible Study Attendance for Workers

September 5, 2018 | by Nassiri Law

A construction worker in Oregon has filed an employment lawsuit alleging religious discrimination and retaliation after he was fired for refusing to attend a mandatory weekly Christian Bible study.

The 34-year-old Native American said he expressed to his boss/ the business owner discomfort about going to the Bible study and even indicated it was probably illegal, but was told it was a condition of employment for which he would be paid. Although he still wasn’t comfortable with it, as a convicted felony, he badly needed the job and didn’t want to lose it. So he attended the once-weekly hour-long session, conducted by a Christian pastor. He did this for several months, but then finally said he could no longer stomach it and stopped going. He was fired soon thereafter.

In filing his religious discrimination employment lawsuit, plaintiff’s attorney said the case is clear-cut: A non-religious employer can’t require employees to go to a Bible study – paid or otherwise. It can be offered as a voluntary option, but it can’t be mandated as a condition of employment and employers can’t retaliate against workers who choose not to go. The attorney representing defendant business owner, meanwhile, asserts the requirement was not unlawful for at-will employees who were paid to go and it was considered part of their job. Further, defense attorney insists plaintiff wasn’t fired, but rather was an on-call employee who simply found other work while he was still on-call for the defendant. Continue Reading ›

What About the Religious Rights of Teachers?

July 2, 2018 | by Nassiri Law

The question of religious liberties in schools is being pushed to the limits with a recent case out of the state of Washington. A former assistant coach at high school just outside of Seattle lost his job after he was asked to stop praying after football games on the field and he refused. He is now seeking help from the Supreme Court to overturn the 9th Circuit Court of Appeals‘s rejection of his appeal earlier this year. Plaintiff claims his religious and personal rights have been infringed upon by the district, according to Seattle Times.

The question boils down to where the line is for the personal rights of school employees when in the presence of students. It is well known that in public schools, school-sponsored prayer is not allowed, nor is the teaching of a religion. This would be a violation of the First Amendment of the U.S. Constitution, which prevents the passage of any law that would establish a religion. Schools are funded by tax dollars, making school employees government workers who are accountable to holding up constitutional liberties. Teaching about religions in general and their place in history is allowed. It is less clear, however, the ways in which public servants, including teachers, are allowed to express their personal religious beliefs.

The Supreme Court has addressed prayer in schools many times over. In 1962, the historic case of Engel v. Vitale arose when parents objected to prayer recitation at the beginning of the school day, even though it was voluntary. The court determined such a practice was unconstitutional because a state official was deciding on a religious message to share with students and encouraging its recitation. In 2000, the court ruled 6-3 in Santa Fe Independent School District v. Doe that prayer before a football game, even if led by students, was still the imposition of a religion at a school event in such a way that students who do not practice that religion would feel coerced into participation as a result of social pressures. Where, then, is the line between personal free speech and the enactment of a certain religion when it comes to students and teachers?

Three Cheers for Wrongful Termination and Discrimination Lawsuits Against NFL

May 6, 2018 | by Nassiri Law

Two cheerleaders have filed lawsuits against the National Football League for what they say was wrongful termination, discrimination and harassment. One cheerleader for the New Orleans Saints was dismissed after she posted a bathing suit photo of herself online, and another for the Miami Dolphins left after she was allegedly harassed for publicly discussing her choice to remain abstinent until marriage.

What do they most hope to get out of the lawsuits? Change.

In a surprise turn of events, their attorney recently offered to drop the lawsuits in exchange for a $1 settlement and a face-to-face talk with NFL Commissioner Roger Goodell, according to an article from The Nation. They want a good faith conversation about how to set clear guidelines going forward that are fair to all employees. The two plaintiffs have very different stories that they allege concluded with the same result: discrimination and loss of their dream jobs. Continue Reading ›

Religious Discrimination Laws Protect Employees from Unwanted Practices, Too

May 1, 2018 | by Nassiri Law

Federal law protects the right to practice your religion as you see fit, with Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against an employee for their religious beliefs, as well as race, color, sex, or national origin. Employers must also provide reasonable accommodations for employees to practice their religion “unless an employer demonstrates that he is unable to reasonably accommodate to an employee’s or prospective employee’s religious observance or practice without undue hardship.”

However, this is not the only way religion can affect the work place. Take for example a recent lawsuit in U.S. District Court for the Eastern District of New York in which a discount medical plan provider and its parent company were recently ordered to pay 10 former employees a sum of $5.1 million, after plaintiffs claimed management within the company wanted them to participate in specific religious practices and allegedly retaliated against them when they refused, according to Newsday. Continue Reading ›

Washington Supreme Court: Firefighter Axed for Religious Messages Can Sue

February 14, 2018 | by Nassiri Law

Many companies have employment policies in place to help separate people’s personal lives from the workplace. Limiting personal calls, restricting social media use on company computers, forbidding offensive materials from being displayed in work spaces and not allowing company resources to be used for personal gain or to spread personal messages — all of these are common practices. It is permissible and necessary for offices to limit such activities to keep workers focused, reduce wasteful spending, and prevent a hostile work environment.

However, problems can arise when managers selectively choose who can and cannot engage in such activities, with only certain people being punished. At best, a company can cause resentment among employees by singling out individuals for actions that are also being committed by others. At worst, they could find themselves in court for violating the First Amendment.

This is in line with the perspective of the Washington Supreme Court, where justices recently filed an opinion in the case against the fire department in eastern Washington. The court determined that a former fire captain, who was terminated after sending religious messages using a company forum, was denied his First Amendment rights to free speech and can sue for damages. Continue Reading ›

Former Disney Employee Sues for Discrimination

January 18, 2018 | by Nassiri Law

Our employment lawyers know how important it is for companies to have both strong anti-discrimination policies and enforcement of those policies. Not only are acts of discrimination against protected groups illegal, but they are also just plain bad business. Everyone wants to feel safe going to work, and no one wants to feel like they have to choose between their income and the values they hold sacred.

Disney is one company under scrutiny after a former employee of Walt Disney World in Florida filed a lawsuit (Sebti v. Walt Disney Parks and Resorts U.S. Inc.) in the U.S. District Court for the Middle District of Florida alleging he was discriminated against for his nationality.

The employee alleges he once found a noose made of duct tape in his office. He also allegedly was not allowed breaks for prayer during Ramadan. Plaintiff further says he was unfairly passed up for promotions and that the actions against him were a response to his Moroccan nationality. Continue Reading ›

Religious Discrimination Still Prevalent in Today’s American Workforce

October 1, 2017 | by Nassiri Law

Religious discrimination is sadly common in today’s workforce. What is surprising to learn is the shocking statements that are made, and the blatant manner in which some employees still face religious discrimination in the workplace. Both California and federal law protect workers’ rights to a workplace free of such harassment. Continue Reading ›