In a recent electronic alert from Barran Liebman, Laura Salerno Owens writes that employers in the state of California must be aware of a couple new discrimination laws. One of these applies to the notion of religious freedom.
The author writes that while employers are very much aware of that the fact that they can’t discriminate based on race, religion, gender, and other protected classes, this new discrimination law amends the California Fair Employment and Housing Act to also make reference to religious dress and grooming.
This ultimately means that “employers [must] make reasonable accommodations for employees [with regard to their religious dress and grooming] … to ‘ensure that all religions receive equal protection under the law.'” However, Salerno Owens points out that employers don’t have to make such an accommodation if it creates an “undue hardship” for the employer.
This alert should serve as a reminder for Oregon employers to check out their policies and handbook as well when it comes to the topic of religion.
In the summer of 2009, the Oregon legislature passed a similar act. This made it “unlawful for an employer to restrict an employee’s ability to take time off for a holy day or to participate in a religious observance or practice” unless this promoted an “undue hardship” for the employer, similar to the language used in the California amendment.
(It should also be noted that PTO/vacation time is used for these types of days/activities, but an employer is not required to let employees use sick leave, etc. if such leave is limited to the illness, injury, or healthcare appointments).
Religious clothing is also referred to in this Oregon act. Similar to the California amendment, Oregon also defends religious dress unless it gives the employer this “undue hardship.” This electronic alert however reminds that public school teachers are the exception to this policy and they may not wear religious dress.
For more information on human resource consulting or employer programs, contact Xenium HR at 503-612-1555 or visit www.xeniumhr.com. This article is intended as information only and is not a substitute for legal advice. Xenium HR is a professional employer organization specializing in strategic HR partnership with small and mid-sized businesses in Portland, Oregon.
