Discrimination Based on Creed: What Should Workers Know?

When it comes to discrimination in the workplace, most people are aware that there are laws in place that protect workers from being treated unfairly or unfavorably because of their race, gender, age, or disability. However, employers are also prohibited from discriminating against employees based on their creed. Although creed and religion are used interchangeably, creed encompasses any deeply held system of religious, moral, or ethical belief.

Unfortunately, this type of discrimination continues to occur in New Jersey and across the country, and the behavior can range from subtle scheduling decisions that impact career advancement opportunities to obvious, offensive comments about your faith.

If you believe that you have been discriminated against at work because of your creed, it is highly recommended that you contact an experienced discrimination lawyer at your earliest convenience.

What Is Creed-Based Discrimination?

Creed-based discrimination occurs when an employer treats you unfairly because of your religious beliefs, faith traditions, ethical convictions, or sincerely held moral principles. While traditional religions are certainly covered under the umbrella of the creed, the legal definitions go much further. Creed does not require a belief in a supreme being or that you attend an organized, mainstream church, temple, or synagogue. Rather, it is a belief system that guides your life in a way that is similar to a traditional religion. From a legal perspective, it is treated with the same protections as if you are being discriminated against in the workplace. It is also important to understand that creed-based discrimination can occur based on actual beliefs or assumptions about an employee’s belief system.

Creed-based discrimination can affect workers who engage in the following:

• Practice a particular religion
• Belong to a specific faith community
• Follow a certain religion’s customs or traditions
• Hold sincere ethical or moral beliefs
• Choose not to participate in religious activities
• Are perceived to belong to a particular religion even if they do not

What Are Common Examples of Creed-Based Discrimination?

Creed-based discrimination can take many forms and can impact every phase of the employment process, from recruiting and interviewing to promotions and other career advancement opportunities to demotions and terminations. The following are examples of creed-based discrimination, some of which are obvious and blatant, whereas others are subtle and develop gradually over time. The following are examples of creed-based discrimination in the workplace:

• Disparate treatment. Also referred to as direct mistreatment, this occurs when an employer treats an employee less favorably than other workers because of their beliefs or practices. This can include a range of negative scenarios, including being passed over for a promotion, assigned the least desirable shifts or assignments, receiving a lower salary, or getting fired when your employer discovers your religious beliefs or philosophical alignment. Disparate treatment also includes situations where an employer refuses to hire a prospective employee upon realizing that they wear a turban, hijab, or any other type of religious head covering, or requests days off for certain holy days.
• Disparate impact. These are company policies that appear to be fair on paper, but that discriminate against or penalize certain employees because of their belief system. For example, if a company enforces a strict “no hats or headwear” dress code, this may seem like a neutral, unproblematic policy. However, it discriminates against individuals who wear yarmulkes, turbans, hijabs, or other headwear that represents their religion or creed. This is considered discriminatory behavior unless the company can prove that the policy is necessary for safety or to successfully perform the job.
• Refusing the hire. This is one of the most obvious and pervasive examples of creed-based discrimination. It occurs when employers make hiring decisions based on an applicant’s religion, faith, or creed-related beliefs, rather than their qualifications, experience, and job-related skills.
• Harassment and offensive comments. If an employer, co-worker, or colleague routinely ridicules an employee based on their religious beliefs or faith traditions, creating a hostile work environment, this is considered creed-based discrimination. Examples include religious slurs, making jokes about an employee’s faith traditions, clothing, or prayer practices, or insulting an employee for observing certain holidays.
• Unequal treatment at work. This is another example of creed-based discrimination that can affect an employee’s work environment and career opportunities. Examples include being passed over for a promotion, receiving less favorable job assignments, or being excluded from important meetings or other workplace activities because of their beliefs.
• Refusing to provide religious accommodations. If an employer does not try to make reasonable accommodations that allow you to honor your creed while also performing your job responsibilities, this may be considered discriminatory behavior. For example, if an employer holds team-building events every Friday evening, this can exclude an employee who observes the Sabbath that begins at sunset on Fridays. If the employer is unwilling to hold the events on a different night or consider other possible solutions, they may be guilty of failing to accommodate a creed. Examples of religious accommodations include allowing time off for religious holidays, permission to wear religious clothing or symbols, and allowing break schedules for prayer.
• Hostile work environments. If an employer, supervisor, co-worker, or client engages in rude, offensive, or mocking behavior related to your creed, this can create an intimidating, toxic, and hostile work environment. If the behavior continues after it is brought to the attention of your employer, this is a violation of your employment rights.

What Are Common Misconceptions About Creed-Based Discrimination?

There are a number of myths surrounding creed-based discrimination that can make it difficult to identify discriminatory behavior. The following are examples of common misconceptions surrounding creed-based discrimination:

• Only major religions are protected. The federal and state laws that protect employees from discrimination in the workplace are not limited to large or widely recognized religions. In most cases, one’s sincerely held beliefs, customs, and moral traditions are protected by anti-discrimination laws.
• Employees should keep their beliefs private. Professional workplaces that celebrate diversity and respect employees who have a range of religious and cultural beliefs generally have better employee morale, improved retention, and a more productive work environment. Workers should not be required to hide their beliefs to avoid being discriminated against.
• Discrimination must be intentional. Although some forms of discrimination are obvious and intentional, it can also occur through discriminatory policies, decisions, and practices that unfairly affect employees because of their creed.
• Creed-related jokes are harmless. While a single, off-handed joke may not be considered discrimination, repeated jokes, ongoing teasing, and offensive comments related to your creed can create a toxic and hostile work environment. These types of jokes should not be considered harmless by an employer, particularly if this has become a pattern of behavior or the jokes are extremely offensive.

What Steps Should I Take if I Have Experienced Creed-Based Discrimination?

If you believe that you are being discriminated against in the workplace because of your religion, your belief system, or any other protected characteristic, there are steps you can take to ensure that your legal rights are protected and that the situation is handled professionally and effectively, including the following:

• Collect evidence. Keep a detailed log of every incident of creed-based discrimination, including dates, times, and locations of the discriminatory behavior, as well as the individuals who were involved, what was said or done, and whether there were any individuals who witnessed the behavior firsthand. Maintain copies of any emails, text messages, voicemails, and performance reviews that include discriminatory language and store them on a personal device.
• Initiate a productive dialogue. If you need a specific accommodation to observe a religion or creed, you must clearly ask for it. By presenting the request in writing, this initiates the interactive process, which is a collaborative conversation where you and your employer work together to try to find a viable solution.
• Consult your employee handbook. Review your employer’s policies regarding discrimination and harassment that are covered in most employee handbooks. This should include a process for reporting issues. This may mean reporting the behavior to your supervisor or the Human Resources department or submitting a formal internal complaint.
• File an official complaint. If your employer ignores your complaint, fails to take the necessary steps to find a solution, or retaliates against you, you may pursue a discrimination complaint with a state or federal agency such as the Equal Employment Opportunity Commission (EEOC) or the New Jersey Division on Civil Rights (DCR) under the New Jersey Law Against Discrimination (NJLAD).

Cherry Hill Discrimination Lawyers at The Gold Law Firm P.C. Represent Victims of Creed-Based Discrimination

If you or someone you know has been discriminated against in the workplace because of their creed or religious, moral, or ethical beliefs, do not hesitate to contact the Cherry Hill discrimination lawyers at The Gold Law Firm P.C. We will discuss the nature of the discriminatory behavior, determine whether your rights have been violated, and assist you with the process of filing an official complaint.  To schedule a free consultation, call us today at 215-569-1999 or contact us online. Our offices are located in Philadelphia and Pennsauken, New Jersey, where we represent clients throughout the surrounding area.