Religious Discrimination Lawyer in Rochester, NY
Experienced Rochester Employment Attorney Helping Victims of Religious Discrimination Seek Justice
Your religion is a big part of your life. You are proud of your beliefs and do not want to hide who you are just because you are at work. You expect your employer to respect your beliefs and treat you just like everyone else in the workplace. However, that hasn’t happened. You have faced religious discrimination, and now, you aren’t sure what to do. Is it possible to hold your employer accountable?
Religious discrimination is against the law, and you can take action. With more than two decades of experiencing fighting for the rights of employees, The Cimino Law Firm is the right choice for your claim.
Contact us today to schedule a free phone consultation.
Are There Laws Against Religious Discrimination?
There are federal and state laws in place that prohibit religious discrimination. Title VII of the Civil Rights Act of 1964 clearly states that companies with 15 or more employees cannot discriminate against people based on their religions. There is an exception if the employer is a religious educational institution or religious organization. These organizations can restrict hiring to members of their faith. However, all other employers cannot do so.
If you work for a smaller organization, you are still protected if you’ve been discriminated against. The New York Human Rights Law prohibits religious discrimination for all companies with four or more employees. This is true even if all employees work from home or in different locations. As long as there are at least four employees, you are protected.
Even with these laws in place, workplace discrimination happens regularly. In 2018 alone, the Equal Employment Opportunity Commission received 2,859 complaints of religious discrimination. Fortunately, The Cimino Law Firm is here to handle cases and bring employers to justice.
What Are The Different Types of Religious Discrimination?
The courts recognize three types of religious discrimination in New York. If your employer has committed one or more of these types of discrimination, you might be entitled to damages.
Disparate treatment refers to treating employees differently based on their religion. This includes:
For example, an employer cannot create a job posting that encourages people of a specific faith to apply. Also, an employer cannot deny a promotion to the most qualified person based on his or her religion or pay people of a specific faith more than someone else with the same qualifications and experience. These are just some examples of how employers engage in religious discrimination.
Failure to Provide Religious Accommodation
Employers are legally obligated to provide reasonable religious accommodation for employees. Examples of reasonable accommodation include allowing scheduling changes so an employee can leave work for religious observance or allowing an employee to wear a head covering. Failure to provide such accommodation is a violation of the law.
Employers are only required to provide reasonable accommodation. That means the accommodation cannot pose an undue hardship to the employer. The Cimino Law Firm can help you determine if your employer has failed to provide reasonable accommodation. If the company has not provided a reasonable accommodation, that is a form of religious discrimination, and we can hold your employer accountable.
Religious-based harassment is also against the law in the state of New York and the rest of the country. Harassment includes being forced to change an aspect of one’s religious beliefs as a condition of employment or dealing with harassing statements. For example, making fun of someone for wearing religious attire is a form of harassment. The harassment must be ongoing to the point of creating a hostile work environment to file a discrimination claim. If you have been harassed, collect evidence, and call our firm.
Lack of Religion – Another Reform of Dissimilation
Many believe that religious discrimination only applies to those who believe in a religion. However, it also applies to those who do not believe in a religion. Employees are required by law to treat each employee equally, regardless of religious belief. That means that atheists should have the same opportunities and receive the same treatment as Christians.
How Should You Handle Religious Discrimination?
If you’ve been a victim of religious discrimination, it’s critical to follow proper protocol. If you are still employed with the company that has discriminated against you, report the incident to your employer. There should be a protocol for reporting such incidents in the employee handbook. Once your employer is alerted to your complaint, he or she has the opportunity to change it.
Many employers fix the problem once it comes to their attention. However, that is not always the case. Some employers continue with discriminatory actions. If that happens to you, you can file a claim.
You can file your claim with a federal agency, a state agency, or both. Many people choose both. You also have the option of filing a lawsuit against your employer. The Cimino Law Firm will go over your legal options with you and help you choose the ones that make the most sense for your case.
What Damages Are Available for Religious Discrimination?
You might be eligible to collect damages when you file a religious discrimination claim. These damages include:
- Lost wages
- Future lost wages
- Emotional distress
- Attorney’s fees
In addition, the courts might award punitive damages. These damages are intended to punish employers who have egregiously acted when discriminating against employees. The damages also warn other employers that the courts take these cases very seriously, and there will be penalties for discriminating against people based on their religious beliefs.
The court also might order the company to reinstate you at your previous position if you were fired. This is less common since most employees do not want to go back to their jobs. It is stressful to enter into a workplace where you have been discriminated against. The Cimino Law Firm understands this and will discuss your wishes with you before taking the case to court.
How Can The Cimino Law Firm Help With Religious Discrimination Claims?
Religious discrimination cases are complicated. Your employer will attempt to prove that he or she did not discriminate against you, and you must prove otherwise. You need to present the right evidence to prove your claim. That’s where The Cimino Law Firm can help.
Michelle Cimino of The Cimino Law Firm has dedicated her career to employment law. She has more than 20 years of experience settling and litigating religious discrimination cases in both state and federal courts. She knows what evidence the courts require to prove these claims so that she will be an invaluable asset during the case.
Also, Michelle Cimino understands the hardship that her clients face. She has seen people deal with the countless emotions that come up during these cases. When she’s not in court fighting for you, she is by your side, helping you handle the stress of the situation.
Our firm also provides free phone consultations for those who have been discriminated against. You don’t have to spend any money upfront or even leave your home to find out if you have a case.
Also, our firm has two convenient locations in Webster and Rochester, New York. You can visit us at either location to move forward with your case.
Begin the process by calling us for your free phone consultation.
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