In California, employees are legally protected against workplace discrimination or retaliation for practicing their religion. Yet many employees still face the uncomfortable situation of being denied time off for religious observances, holidays, or rituals. If an employer ignores an employee’s request for religious holidays, or disciplines an employee for taking them, the employee may have legal grounds to file a complaint under both state and federal law.
Understanding Religious Accommodation at Work
Under Title VII of the Civil Rights Act of 1964 and the California Fair Employment and Housing Act (FEHA), employers must make reasonable accommodations for an employee’s sincerely held religious beliefs or practices, unless doing so would cause an undue hardship to the business. A “reasonable accommodation” may include:
- Allowing flexible scheduling or shift swaps
- Permitting unpaid leave or the use of vacation time for religious holidays
- Adjusting dress code or grooming policies (e.g., head coverings, beards)
- Providing space or time for prayer or religious observance
In California, employers are prohibited from ignoring or denying a request for religious accommodation without proper justification. Employers are legally required to engage in an interactive process, which is a good-faith discussion to identify reasonable accommodations that balance an employee’s religious needs with the company’s business operations.
What Counts as a Religious Holiday?
A religious holiday doesn’t need to be part of a major, organized faith. Courts and the California Civil Rights Department recognize that religion is broadly defined, meaning that traditional observances like Yom Kippur, Eid al-Fitr, Diwali, and Christmas are accepted as religious holidays even though they are less widely known compared to others.
If an employee requests time off for an observance rooted in sincere belief, whether they are part of Christianity, Islam, Hinduism, Judaism, Sikhism, or another faith, the employer must take that request seriously.
When Is It Legal for an Employer to Deny Religious Time Off?
Employers are not required to grant every request if it would cause undue hardship on the business itself. California sets a relatively high bar, because an undue hardship must include things like:
- Significant financial cost or business disruption
- Compromising safety standards
- Violating a collective bargaining agreement
- Inability to maintain necessary staffing or productivity
Minor inconveniences or personal conflicts are not sufficient to qualify as an undue hardship under California law.
Common Examples of Employer Violations
An employer may be violating an employee’s rights if they:
- Deny a request for a religious holiday without considering alternatives
- Penalize or fire employees for taking time off for religious reasons
- Schedule employees to work on a known religious holiday despite prior notice
- Make derogatory remarks about an employee’s faith or observance
- Apply policies inconsistently (ex. approving others’ leave but not theirs)
Even subtle forms of pressure like discouraging future requests or threatening discipline can amount to religious discrimination or retaliation. If any violations occur in the workplace,employees should take immediate action.
What You Can Do If Your Employer Ignores Your Religious Holidays?
If an employer fails to accommodate an employee’s religious holidays or retaliates against them for taking time off, it is vital that they take the following steps:
- Document Everything – Keep written records of requests, responses, and any disciplinary actions.
- Report Internally – File an internal complaint and try to resolve the issue internally.
- Consult an Employment Lawyer – A California employment attorney can review the case, explain a worker’s rights, and help them seek damages or reinstatement if they were wrongfully terminated.
Contact Lawyers for Justice, P.C. Today
If an employer has denied an employee’s request for a religious holiday or punished them for practicing their faith, they don’t have to face it alone. The employment attorneys at Lawyers for Justice, P.C. are experienced in handling workplace discrimination and religious accommodation claims under California law and do everything in their power to ensure justice is served and negligent employers are held accountable.
Call 818-JUSTICE or fill out our online contact form today for a free, confidential consultation.