Increased Religious Protection At Work
What is Religious Creed? Who is Protected?
AB 1964 was passed by Gov. Brown with several purposes, possibly the most significant being the addition of new protections to the standing laws found in section 12926, or the California Fair Employment and Housing Act (FEHA).
The intent of the laws in the FEHA was to protect all citizens applying for or holding a job or home, from all forms of discrimination. Before the addition of AB 1964 the classifications defined as protected included the following categories:
-marital status
-age
-ethnicity
-national origin
-mental or physical disabilities
-medical conditions
-genetic information
-sexual orientation
-gender identification and gender expression
In passing AB 1964 Brown added “religious creed” to the list of protected classes. Specifically, the bill protects a person’s right to certain dress and grooming based on their religion and they cannot be discriminated against because of it.
What does this mean for YOU?
In simple terms, you now have protection under the California Labor Code so that you cannot be told to shave a beard or remove a headscarf, etc. when these items are part of your religious beliefs.
Possible the language was left rather vague on purpose, but “Religious dress practice,” includes the following:
*wearing or carrying any religious clothing, face and/ or head covering, jewelry, artifacts, where such items are included in the observance of an individual’s religious creed.
*personal grooming practices that are dictated by ones religious creed, such as the facial or body hair and handling of it, is also protected practice. However all employees must still adhere to all safety and health code rules when performing applicable duties.
Under the revised labor code the employer is required to allow for the observance of religious beliefs, however they are not required to provide seclusion for the employee in any form, regardless of the religious mandate, in other words you cannot claim that your religion requires that you not work in the same room as certain other employees of a different faith.
If you have been discriminated against for your religious beliefs either in getting hired or your treatment on the job, you need an excellent attorney who has full knowledge of ALL California labor laws. Call UELG NOW we are here to give you a fell free review of your personal situation.