Know Your Rights
As an Employee
Employee Rights Under the Law
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Federal and state anti-discrimination laws protect you from being treated differently or being targeted in the workplace because of your protected class or characteristic including, but not limited to, your race, religion, or national origin.
There are several federal laws that prohibit employment discrimination, including, Title VII of the Civil Rights Act of 1964. Title VII prohibits discrimination based on race, color, religion, sex, and national origin.
Title VII applies to employers with 15 or more employees.
Under state law, the Fair Employment and Housing Act (FEHA) protects employees and job applicants against discrimination and hate.
The FEHA applies to employers with five or more employees.
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Unfair treatment based on your protected characteristics, including protection against being denied job opportunities due to your identity, as well as ensuring fairness in the process of hiring, firing, and promotion.
Harassment based on your protected characteristics. A hostile work environment is one in which unwelcome conduct that targets an individual based on a protected category is so severe or pervasive that it creates an abusive working environment and affects the employee’s ability to perform their job.
Retaliation because you complained about discrimination or harassment.
Outright denials of reasonable accommodation for your disability or sincerely held religious belief.
What steps should an employee take if they are faced with hate in the workplace?
Review Policies
Review your employer’s handbook and policies for complaint procedures and make sure to follow those complaint procedures when filing a formal complaint.
Depending on your employer’s policies, promptly file a formal complaint with your supervisor, human resources, or the employer’s designated individual. When making a complaint, clearly state that you believe you are being targeted due to your protected identity, such as your race or religion.
Document
Make sure to keep copies of any correspondence with your employer.
Make sure to document every incident with as much detail as possible. Keep a detailed journal and include the dates, times, and any witnesses. Save any emails or documents that support your claims. Follow up any oral communications with emails to document the conversation and save those emails. It is important to keep a “paper trail” of evidence.
Do not sign any documents without fully understanding what you are signing and seek legal advice before signing.
Report
Report what happened in the workplace to organizations like CAIR-CA.
You can also file a complaint with the California Civil Rights Department or the federal Equal Employment Opportunity Commission.
For many employees in California, the California Civil Rights Department should be the first department you file with because California law tends to be more favorable and more protective of employees than federal law. However, this will have to be a case-by-case determination.
When filing a complaint with a government agency, you have the option to request either an investigation into your claims or an immediate right-to-sue letter, which allows you to file a lawsuit against your employer.
Talk to an attorney before deciding on which route to take. There are also specific time frames during which complaints must be brought.
Am I entitled to accommodations in the workplace for my sincerely held religious beliefs?
Employers must provide reasonable accommodation for an employee’s sincerely held religious beliefs unless doing so would cause an undue hardship, which is generally defined as a significant difficulty or expense.
Employers are not required to provide the exact or preferred accommodation requested but must engage in an interactive process to identify a reasonable solution that does not impose an undue burden.
Make your request in writing and document
Make clear your request is tied to your religious belief
Make your request early
Engage in the interactive process with your employer
DO
Procrastinate
Become aggressive or defensive
Give up if the request is not initially granted
DON’T
While what is a reasonable accommodation will vary case by case, some common examples of accommodations include:
Changes to dress policies to accommodate religious dress and grooming.
Modified schedules during religious holidays and celebrations.