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Wrongful termination based on religious beliefs or practices

In California people are free to practice whatever religion that they would like to practice. There are also many different religions with different ideologies, practices, requirements and other varying aspects. Sometimes people do not agree with all the aspects of a religion, but each person is allowed to practice what they want. This is even protected under state and federal law. Employers are not allowed to discriminate against employees based on their religion.

This is not only a prohibition against discrimination based on religious beliefs. Employers must also provide reasonable accommodations to allow the person to practice their religion. This includes allowing them to take days off for religious holidays and other religious events. They also must allow shift changes or other schedule allowances to allow employees to practice their religion. In addition to scheduling changes, they also must allow the employee to dress according to their religious practices. This could include head dresses, yarmulke, facial hair and other religious dress requirements.

Not all employers do this though. Some do not think it is right and may either fire the employee or harass them until they quit. These practices are illegal and if the employer terminates an employee or causes them to quit, the employee may have a wrongful termination case against the employer. The employee must prove that the firing was based on their religious practices and not for legitimate business practices, but if they do, the employer may be required to compensate the employee.

The different religions that people in California practice vary in terms of beliefs and practices. People are allowed to practice what they want though and in fact it is a protected right. This means that employers must make certain accommodations for their employees to practice their religion. If they do not and either fire the employee or make life so miserable that the employee quits, they may be required to compensate the employee. These can be very complicated cases though and experienced attorneys may be a good resource.

Source: eeoc.gov, "Religious Discrimination" accessed on Oct. 18, 2017

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