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Wexford religious discrimination lawyerThe EEOC processed 20% more religious employment discrimination cases in 2017 than 2007, while total discrimination cases rose just 2% over the same 10-year period. As a result, employers have become more cautious in their handling of religion-based requests for accommodations and exceptions to long-standing workplace policies. Title VII of the U.S. Civil Rights Act protects all aspects of religious observance, practice, and belief. 

Workplace Policies With Disparate Impact Based on Religion

Religious employment discrimination cases often involve workplace policies that have a disparate adverse impact on people of a particular religion. For example, suppose an employer requires workers to be able to work any day of the week. That policy would have a disparate impact on people whose religion prohibits working on a holy day. Similarly, a workplace policy that requires workers to be clean-shaven and to wear a uniform consisting of shorts and a short-sleeved shirt can have a disparate impact on men whose religion requires them to wear a beard and women whose religion requires modest dress.

Employer Accommodations Required for Religious Reasons

Suppose a retail chain requires staff to be available to work on weekends, their busiest time. The hiring manager, Bob, interviews a candidate named Sarah. During the interview, Bob explains the job requirements. Sarah asks that she not be scheduled to work from Friday afternoon through Saturday evening due to her religion. 

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Allegheny County work discrimination lawyer disparate impact“Disparate impact” by race means that an employment policy has a greater negative impact on people of a particular race, even if the employer did not intend the policy to be discriminatory and even if the policy does not appear obviously discriminatory on its face. You can file a claim for financial compensation if you have been terminated from your job or otherwise suffered race-based employment discrimination as the result of a workplace policy with disparate impact. 

Requirements to Claim Racial Discrimination By Disparate Impact 

In order to make a valid disparate-impact claim against an employer, several conditions must be met. First, you must have personally suffered harm as a result of the policy, such as being fired because you violated the policy.

Second, according to current court rulings, the basis of racial discrimination must be an unchangeable condition of your race, such as skin color or a medical condition that has been scientifically linked to your race. “Cultural expressions” of your race such as hairstyles and styles of dress do not currently qualify as race-based discrimination, although this could change in the future, because religious expressions have already been granted legal protection.

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