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Along with federal law, New Jersey law protects against discrimination based on a person’s creed, or religious beliefs, in the employment setting. Because of this, it is unlawful for an employer to treat an employee differently based on their religion. This protection against discrimination applies if you belong to a particular religious belief, you are a non-believer, or you are associated with a person of a particular religion. It also protects you even in the event that you are not of a particular faith, but you are still perceived as a particular faith.
Your Rights as a Worker
New Jersey’s prohibition on religious discrimination in the workplace means a number of different things regarding your rights to work and be free from religious discrimination in this state. First, it means that you have the right to be fairly considered for a job, including an apprenticeship, regardless of what your religious beliefs may be. An employer cannot refuse to hire you, nor can they terminate you or treat you differently in regard to conditions and terms of employment, due to your religious beliefs.
When you are applying for a job, it is against the law for an employer that is not a religious association or organization to ask you what religion you belong to. It is also unlawful for an employer to ask whether you are affiliated with a certain church, temple, or another place of worship. In fact, it is unlawful for an employer to inquire about your worship practices including whether or not you regularly attend religious services.
New Jersey’s discrimination law also makes it unlawful for a person to be harassed at work due to their religious beliefs. This protection extends to harassment because you are wearing religious garb required by your faith. If not properly addressed, an employer can be held liable for harassment perpetrated by supervisors, workers, and even by some non-employees.
In addition to religious-based harassment being unlawful, the law also makes an employer obligated to reasonably accommodate an employee or employee applicant for their religious beliefs and observances. The exception to providing such accommodations is if providing such accommodations would cause the employer an undue hardship. Reasonable accommodations for religious beliefs may include permitting an employee to take time off for the Sabbath or another holy day.
The undue hardship threshold is quite high and an employer should do what they can to accommodate an employee’s request for a religious accommodation. These accommodations, however, are not without limits. For instance, an employer will not usually be obligated to violate a bona fide seniority system and force a senior employee to cover for another employee farther down the seniority order.
New Jersey Employment Law Attorneys
Protections against religious discrimination in the workplace extend far and wide, maybe more so than most would initially think. If you feel that you have been discriminated against in the workplace or the job application process due to your religious belief or your status as a non-believer, consult with the employment law team at Castronovo & McKinney about your options. Contact us today.