Is It Legal To Deny Time Off For Religious Purposes?

“It’s important to my family that I take time off for this religious event, but my boss insists I work. Is that legal?”

Our employment lawyer hears this question more often than you might think – most employers are willing to accommodate the religious liberties of their workers, but a few are not.

The short answer is that it is not legal to deny time off for religious purposes in California.

Under California Law, It Is Illegal To Deny Time Off For Religious Purposes

Federal law makes it illegal to discriminate against someone in the workplace because of their religion. More specifically, the First Amendment gives everyone the right to practice (or not practice) the religion of their choice. Title VII of the Civil Rights Act prohibits employers from discriminating against applicants and workers for their religious beliefs regarding hiring and firing.

California Fair Employment And Housing Act

California also has laws to protect the religious freedoms of its workers. Under the California Fair Employment and Housing Act (FEHA), employers cannot discriminate against or harass applicants or employees because of the worker’s actual or perceived religious beliefs. What’s more, FEHA prohibits employers from harassing or discriminating against workers based on the employee’s relationship or association with a person of a particular religious creed.

FEHA also provides definitions that guide California’s religious accommodation laws. FEHA defines a “religious creed” as the beliefs, practices, and observances a person holds when practicing their religion. The act also says that a “religious belief” includes holy days, such as a Sabbath, along with reasonable travel times before and after an observance.

The California statute requires employers to explore every reasonable option for accommodating the religious beliefs and observances of their employees. This includes allowing another employee to perform the worker’s job while they take time off for religious purposes.

California Workplace Religious Freedom Act Of 2012 (WRFA)

California Workplace Religious Freedom Act of 2012 (WRFA) expands the definition to include all aspects of religious practices, including clothing, jewelry, and head or face coverings. It also states that reasonable accommodations include:

• Time off for religious observances
• Time to travel to and from these observances

Are There Any Exceptions?

Both federal and state laws require employers to make reasonable accommodations as long as those accommodations do not cause “undue hardship” to the employer. When it comes to defining undue hardship, though, federal law and California law disagree. Federal law allows employers to skip the accommodations if the accommodations would cause “minimal hardship,” while California law only excuses employers if accommodating the employee would result in “significant difficulty or expense” to the business.

California law also makes it illegal to retaliate against employees for requesting reasonable accommodations due to religious reasons.

Has Your Boss Denied Time Off For Religious Purposes? Contact Your California Employment Attorneys At D.Law!

California law protects your right to take time off for a religious event or observance. While most employers respect this right and make accommodations for their workers, some do not.

If your employer has denied time off for religious purposes, contact or call D.Law. Our attorneys have decades of experience in California employment law and worker’s rights and can help you get the employment accommodations in the Bay Area, San Diego, Fresno, Los Angeles, and other CA cities.