Brandon Banks Law, APC helps workers in San Francisco when they face illegal harassment or discrimination at their job. Sometimes, this treatment is based on your religion, and although it’s not as fundamental as your age, gender, or other personal characteristics, the law protects you. But the real-world situation can be much murkier. Our team will be there to guide you through the process and make sure you’re treated with respect. Contact us today for a free consultation.
Why Would You Need a Lawyer?
You’re not required to hire a lawyer if you’re facing harassment or discrimination at work because of your religion, but having legal support can make a significant difference. Balancing your job responsibilities while dealing with a hostile work environment can be overwhelming. That’s where our firm comes in, by:
- Explaining your rights and legal options.
- Gathering key evidence, such as emails, text messages, and work records.
- Talking and negotiating with your employer to try to resolve the issue.
- File a formal claim or lawsuit if your employer refuses to take action.
Religious discrimination and harassment are illegal in the workplace, and you shouldn’t have to go through this situation at all. Unfortunately, this is a common issue for many workers in San Francisco, and our firm will be with you every step of the way to hold your employer accountable.
What is the Claims Process Like After Religious Harassment at Work?
It’s true that being harassed or discriminated against because of your religion is illegal in your San Francisco workplace, but you might be wondering how the actual process plays out. The answer there depends on the situation, but generally, it starts with:
- Being treated unfairly based on your religion.
- Your employer is doing nothing to resolve the issue.
At that point, you have certain options for addressing the issue:
- Fiiling a Complaint with the California Civil Rights Department (CRD) – This is the first step in the process. You must file a complaint with the CRD, which investigates workplace harassment and discrimination claims. If they find wrongdoing, they can take action against your employer. They will also issue a “right to sue” letter, which allows you to move forward with a lawsuit if needed.
- Filing a Complaint with the Equal Employment Opportunity Commission (EEOC) – The EEOC enforces anti-harassment and discrimination laws at the federal level. If they find evidence of religious harassment, they may order your employer to take corrective action or provide you with a right-to-sue letter. If you work for the federal government, the EEOC will handle your claim directly.
- Filing a lawsuit – If your employer refuses to address the harassment, filing a lawsuit may be the best way to hold them accountable. This is where you file a Complaint in civil court, which allows you to recover financial support for your:
- Lost wages (past and future)
- Emotional distress
- Humiliation or loss of dignity
- Job reinstatement, if applicable
There are strict deadlines for these claims—you typically have one year to file with the CRD or EEOC and two years to file a lawsuit. If you’re unsure whether your experience qualifies as illegal religious harassment, we can help evaluate your situation and guide you through the next steps.
How Do I Know If I’m Experiencing Illegal Religious Harassment at Work?
This is obviously a pretty big question–at what point is the harassment I’m experiencing based on my religion illegal?
It’s actually a multi-stage process, starting with harassment that creates a hostile work environment, then your employer not taking any steps to fix it. So, it starts with things like:
- Repeated jokes, slurs, or derogatory remarks about your religion from coworkers or supervisors.
- Being asked to downplay or stop practicing your religion at work, such as removing religious attire or refraining from prayer.
- Being singled out for stricter rules, negative performance reviews, or undesirable assignments because of your religion.
- Being deliberately left out of meetings, team activities, or work events because of your religion.
- Seeing offensive imagery, messages, or actions in the workplace that target or mock your religion.
If these actions create a hostile work environment or negatively impact your job, they may qualify as unlawful religious harassment. But it doesn’t kick in as actual grounds for a claim until you report it to your employer and they respond by:
- Firing you
- Refusing to hire or promote you
- Cutting your pay or work hours
- Take some other adverse action against you for reporting the harassment
While these are fairly clear guidelines, the problem is that this treatment and decision-making is often veiled. But even with this harassment confirmed, there’s still work to do.
What Else Do I Need to Do After Experiencing Religious Harassment at Work?
Unfortunately, simply having the right to file a claim–no matter how obvious your religious harassment may seem–doesn’t guarantee success. Rather, it’s all about taking the right steps to document the harassment and then show that your employer either did nothing about it or allowed it to continue. Here’s what you can do to show that:
- Document all instances of harassment – Keep track of offensive comments, unfair treatment, emails, performance reviews, messages or meeting notes. If you’re retaliated against after speaking up, document that too.
- Report the harassment to your employer – Tell your HR department, manager, or employer about the harassment in writing. This puts them on notice and gives them a chance to fix the issue. If they ignore it, that strengthens your claim.
- Track your employer’s response – If your employer dismisses your complaint or fails to act, save any emails, messages or other documentation that shows this. This can serve as critical evidence later.
In some cases, these steps may help resolve the issue. However, your employer is most likely going to deny any wrongdoing—especially in cases of religious harassment or discrimination. That’s where our team can step in, using our experience and resources to help you.
Let Brandon Banks Law Help You After Religious Harassment at Work in San Francisco
Every worker in San Francisco has the legal right to be treated fairly and also has the right to a workplace free of religious harassment. If your employer is subjecting you to harassment or discrimination based on your religion, Brandon Banks Law can help you. We’ll review your claim and help you through the process of holding your employer accountable. Contact us today for a free consultation.
