Religious Discrimination and Accommodation Rights Under FEHA
Religious freedom doesn’t stop at the workplace door. In California, the Fair Employment and Housing Act (FEHA) makes it unlawful for an employer to discriminate or harass you because of your religious creed, and it also requires employers to reasonably accommodate sincerely held religious beliefs and practices in many situations.
Religious issues at work often arise in practical, everyday ways: schedule conflicts with worship, prayer breaks, religious dress or grooming, fasting, or refusing certain tasks that conflict with belief. This blog explains your rights under FEHA, what “reasonable accommodation” really means, what employers can and can’t do, and how to protect yourself if you face retaliation.
What Counts as Religious Discrimination Under FEHA?
FEHA prohibits discrimination in hiring, firing, promotions, pay, scheduling, and other “terms and conditions” of employment based on protected characteristics, including religious creed.
Religious discrimination can look like:
- Being denied a job or promotion because you wear religious attire
- Being disciplined for requesting schedule flexibility for worship
- Being harassed for religious practices (mocking comments, slurs, “jokes”)
- Being singled out, isolated, or treated as “untrustworthy” because of your religion
- Being forced to choose between your job and a sincerely held belief
California regulations describe religious creed discrimination to include situations where employment benefits are denied due to religious creed or when an employer fails to reasonably accommodate after being informed (or otherwise becoming aware) of the need.
Your Right to Religious Accommodation Under FEHA
- The legal duty to accommodate
Under FEHA, employers must explore reasonable ways to accommodate an employee’s religious belief or observance unless the employer can show it cannot do so without undue hardship. This duty is reflected in Government Code § 12940(l) and related regulations on establishing religious creed discrimination and accommodation.
- What “reasonable accommodation” can include
Reasonable religious accommodations commonly include:
- Schedule adjustments (shift swaps, modified start/end times, alternative breaks)
- Prayer breaks or an appropriate space for religious practice (when feasible)
- Dress code exceptions for religious clothing or head coverings
- Grooming policy exceptions (beards, hair, etc.) tied to religious practice
- Task reassignment in limited cases where a specific task conflicts with a belief (depending on the job)
California’s regulations also emphasize that failing to reasonably accommodate can itself establish religious creed discrimination.
- Religious dress and grooming are specifically protected
FEHA specifically covers religious dress and religious grooming practices. The statute also states that an accommodation is not reasonable if it requires segregating the person from other employees or the public (for example, moving an employee “to the back” solely because of religious attire).
What Is “Undue Hardship” in California?
Employers often deny religious accommodations by saying it’s “not possible” or “too hard.” But FEHA does not allow blanket refusals. California law defines “undue hardship” and makes clear the analysis depends on the employer’s resources, the cost, and the impact on operations, not personal preference or bias.
In other words:
- “Customers won’t like it” is not a valid legal reason.
- “It’s not our policy” is not a legal defense by itself.
- Employers generally must explore available reasonable alternatives before claiming undue hardship.
What Employees Often Get Wrong (and How to Avoid It)
Mistake 1: Thinking you need “legal language”
You don’t need to quote FEHA to trigger protection. If you clearly explain you have a religious belief and you need a workplace adjustment because of it, that is typically enough to put an employer on notice. California regulations recognize the duty can arise when the employer is informed or otherwise becomes aware of the need.
Mistake 2: Not documenting the request
Many strong cases become difficult because there’s no record of what was requested and when. A short email creates a timeline and reduces misunderstandings.
Mistake 3: Waiting too long to get advice
If your employer responds with discipline, termination threats, or retaliation, timing matters. Consulting a lawyer early can help you avoid steps that weaken your case.
Signs Your Employer May Be Violating FEHA
Consider getting legal guidance if you notice:
- Your employer refuses to discuss any accommodation and says “no exceptions”
- You’re told to remove religious attire or change grooming despite sincerity
- You are moved away from customers or reassigned to hide your religion (segregation)
- You’re mocked or targeted after requesting accommodations
- You’re punished for raising concerns (retaliation)
FEHA protections apply not only to discrimination but also to retaliation and harassment tied to protected status.
What to Do If You’re Experiencing Religious Discrimination
Step 1: Document everything
Save: emails, texts, schedules, write-ups, witness names, and a dated log of incidents.
Step 2: Make (or repeat) the accommodation request in writing
Keep it simple:
“I have a sincerely held religious belief that requires [practice]. I’m requesting a reasonable accommodation such as [option A / option B]. I’m available to discuss alternatives.”
Step 3: Escalate internally if appropriate
If your supervisor is the issue, contact HR or use the company complaint channel.
Step 4: Consider filing with the California Civil Rights Department (CRD)
CRD explains its discrimination complaint process and how it evaluates and may investigate accepted complaints.
Call to Action
If you’ve been denied a religious accommodation, pressured to change your religious dress or grooming, harassed because of your faith, or retaliated against for speaking up, you may have protections under FEHA. Acting early, and documenting what happened, can make a major difference.
Smith & Reback Law helps California employees understand their rights and pursue appropriate legal remedies for religious discrimination, retaliation, and accommodation violations.
📧 Email: Intake1818@smithrebacklaw.com
📞 Phone: (213) 433-1818
📍 Address: 16255 Ventura Boulevard, Suite 600, Encino, California 91436
