Religious Discrimination in the Workplace

A Legal Problem Faced by All Religions

World events have triggered biases against people of various races and religions in countries around the world. In the United States, equal opportunity for employment is promised by Title VII of the Civil Rights Act of 1964 and enforced by the U.S. Equal Employment Opportunity Commission (EEOC). Despite laws in place to protect the rights and personal freedoms that are important to the fabric of our nation, sometimes a business willfully breaks the law for what it thinks is their best interest.

Since the September 11, 2001 terrorist attacks, the EEOC, state and local fair employment practices agencies have recorded a significant increase in the number of charges alleging discrimination based on religion and/or national origin. Many of the charges have been filed by individuals who are or are perceived to be Muslim, Arab, South Asian, or Sikh. Title VII of the Civil Rights Act of 1964 prohibits workplace discrimination based on religion, ethnicity, country of origin, race and color. Such discrimination is prohibited in any aspect of employment, including recruitment, hiring, promotion, benefits, training, job duties, and termination.

Man Denied Job Due to Religious Practices

Inderjit Singh, a U.S. citizen with a college education from his native India, was denied a job due to his strict following of the Sikh religion. Singh had applied for a job with the Air Serv Corporation, which provides services to airports around the country. He was denied employment because he wears a turban and beard—requirements of his religion.

In accordance with Sikhism, Singh, 51, has not cut his hair since birth, has covered his hair since he was a young boy and has worn a turban since he was 14 years old. Although he earned a college degree in his native India, Singh could not find white–collar work when he moved to the U.S. in 1997. He worked as a gas station attendant, toll collector and parking lot cashier in Virginia, where he, his wife, two children and elderly parents lived before moving to Indianapolis.

Public Justice, a nationwide non–profit public interest law firm represents Singh in a lawsuit filed in the United States District Court for the Southern District of Indiana alleging that Air Serv violated the law when it failed to make accommodations to its grooming policy to allow Singh to work for the company with a turban and beard. “An investigation by the federal Equal Employment Opportunity Commission has already determined that there is a reason to believe that Air Serv violated the law,” according to Victoria Ni, a Public Justice Staff Attorney representing Singh. “The company should make this right.”

Filing A Discrimination Charge

All laws enforced by the EEOC, with the exception of the Equal Pay Act, require individuals to file a Charge of Discrimination before they can file a job discrimination lawsuit against an employer. Please see the EEOC’s website on How to File a Charge of Employment Discrimination. The EEOC does not accept charges filed online, but does have an assessment tool to help determine if the EEOC is the correct agency to help. If you want to take your employer to court over a discrimination issue, you must first file a charge with the EEOC and receive a Notice of Right to Sue.

We proudly support Public Justice in all of their efforts to protect people and the environment, and insure continuing Access to Justice for all Americans. If you feel that you have been unlawfully discriminated against based on any of the categories outlined above, please feel free to contact us for additional information.