Religious Discrimination in Employment Law

Religious discrimination in the workplace is a significant concern that affects employees’ rights and employers’ responsibilities. In Canada, laws are in place to protect individuals from discrimination based on their religious beliefs. In this blog, we explore what religious discrimination means, the laws surrounding it, human rights, and workplace accommodations.

Understanding Religious Discrimination

Religious discrimination occurs when an individual is treated unfairly because of their religious beliefs or practices. This can include hiring decisions, dismissals, promotions, work projects, and various other terms and conditions of employment. The protection against religious discrimination covers not only organized religions but also sincerely held religious, ethical, or moral beliefs. However, religion does not extend to personal moral, ethical, or political views that are not connected to religious beliefs. While these beliefs may be closely tied to a person’s identity, they are not necessarily a part of their religion itself.

What Constitutes Religious Discrimination in the Workplace?

• Refusing to hire someone based on their religion rather than their qualifications and performance
• Denying promotions or opportunities based on religious beliefs
• Harassment or creating a hostile work environment due to religion
• Failing to provide reasonable accommodation for religious practices
• Enforcing dress codes that conflict with religious attire requirements
• Denying time off for religious observances

Employers should have a focus on creating an inclusive environment that respects diverse religious beliefs and practices. This includes being open to reasonable accommodations and ensuring that all employees are treated fairly, regardless of their faith. Clear policies and practices should take place to prevent and address any form of religious discrimination in the workplace.

Legal Aspects in Canada

Each province and territory have its own human rights legislation that protects individuals from religious discrimination. In particular:

• Ontario Human Rights Code
• British Columbia Human Rights Code
• Quebec Charter of Human Rights and Freedoms

The Canadian Human Rights Act is a federal law that prohibits discrimination based on religion on employment and the provision of goods, services, facilities, and accommodation. Additionally, the Employment Equity Act promotes equality in the workplace and requires employers to eliminate barriers for four designated groups, including people with disabilities, women, Indigenous Peoples, and visible minorities, which can overlap with religious minorities.

Religion and Human Rights

In the workplace, the rights related to religion include the freedom to observe religious practices, wear religious attire, and express religious beliefs without fear of discrimination or harassment. Regardless of an individual’s religious beliefs or affiliations, all people deserve equal treatment, respect, and dignity in the workplace. This includes having the same access to opportunities for advancement, benefits, and other workplace privileges. All workplaces should ensure that no one is advantaged or disadvantaged based on their faith.

Employer Obligations and Duty to Accommodate

Inclusive Policies: This includes anti-discrimination policies, training programs, and clear procedures for addressing complaints.

Harassment Prevention: Employers have the responsibility to create a harassment-free workplace. Harassment based on religion can create an intimidating work environment. Employers must take corrective action regarding any employee that harasses another employee.

Duty to Accommodate: Employers have a duty to accommodate employees’ religious beliefs and practices up to the point of undue hardship. This may include:

• Providing time off for religious holidays or prayers
• Offering prayer rooms or quiet spaces
• Modifying dress codes to allow religious attire
• Adjusting work schedules to accommodate religious observances

When approached with a request for religious accommodation, the employer should communicate with them to find out which kind of accommodation is appropriate. Employers are encouraged to ask employees for details as they are the best source of information about how to fulfill their requests.

Undue Hardship

Undue hardship refers to the limit of an employer’s obligation to accommodate an employee’s religious practices. Factors that can determine undue hardship include financial cost, impact on workplace safety, and disruption of collective agreements.

Consequences of Discrimination

Employers found to have engaged in religious discrimination may face:

• Human rights complaints and investigations
• Financial penalties and damages awards
• Reputational damage
• Loss of employee morale and productivity

By understanding and complying with religious discrimination laws, employers can avoid the legal risks associated with it and avoid a poor reputation. Employees who believe they have experienced religious discrimination have the right to file complaints with the appropriate human rights tribunal or commission.

Takeaway

Religious discrimination in the workplace is an issue that requires a proactive approach from employers. Employers have a responsibility to accommodate these rights and create an environment that respects and values religious diversity. Additionally, religious rights are a fundamental aspect of human rights in the workplace in Canada. By understanding your rights and implementing best practices, employers can ensure they uphold the human rights of all employees, fostering a respectful and inclusive workplace. If you are an Ontario employee facing religious discrimination, contact Sultan Lawyers today, either online or by telephone at 647-952-9353 to schedule a consultation today.