I Was the Target of Religious Discrimination: How Do I Prove It? By Dan Atkerson on January 27, 2023

Employee in a toxic work environment

The freedom of religion is enshrined in the First Amendment, and yet some workplaces violate these principles. When a workplace fails to respect the religious practices of its employees or creates a toxic environment in which religious discrimination is permitted, legal action is warranted.

At the Law Offices of Dan A. Atkerson, we have helped many victims of workplace discrimination in Allen, Plano, Frisco, TX, and other nearby communities. Below we discuss how to prove you’ve been discriminated against because of your religion and what steps you need to take next.

Common Examples of Religious Discrimination

In case you’re wondering if you’ve been discriminated against because of your religion, here are some examples of this mistreatment:

  • Denying vacation time for religious holidays
  • Forcing a dress code not in accordance with one’s religious beliefs
  • Not accommodating an employee’s need for prayer or ritual at the workplace
  • Denial of a promotion or raise due to religion
  • Not hiring an employee due to religion
  • Firing an employee because of their religion

What a Plaintiff Has to Demonstrate

The American Bar Association has outlined certain criteria for a prima facie case of religious discrimination. In simpler terms, before the court will allow the case to move forward, the plaintiff must demonstrate that:

  1. The discrimination was due to or motivated by religion
  2. The discrimination was pervasive and severe
  3. The discrimination had a negative effect on the plaintiff and
  4. The discrimination would have had a similar effect on another person of the same religion

Key Evidence in Religious Discrimination Cases

Proving the above can be easier said than done unless you have the right evidence. Some common forms of evidence that can strengthen your religious discrimination claim include:

  • Video of the harassment
  • Audio recordings of the harassment
  • Co-worker or witness accounts
  • Emails
  • Chat logs
  • Text messages
  • Voicemails
  • Memos

The Importance of Timing

If the religious discrimination took the form of wrongful termination, a causal link must be shown between your religious practice and your employer letting you go.

In other words, if you were mistreated once a co-worker or supervisor learned about your religious practices and you were subsequently let go, a case could be made that the firing was motivated by religion.

Consistent Application of Company Policy

Another key factor to consider is how company policies were applied. Inconsistency could be a sign of religious discrimination.

For example, if another employee of a different religion was given time off for a religious holiday, it would be consistent to give you time off to observe a religious holiday of your own. The failure to grant that accommodation is often a sign of discrimination.

Why You Should Speak with an Employment Law Attorney

If you believe that you’ve been discriminated against because of your religion, it’s worth discussing your experiences with an employment lawyer like Dan A. Atkerson in Allen, TX. He brings nearly four decades in legal practice to each case, leveraging his knowledge of state and federal employment laws.

Dan A. Atkerson offers free legal consultations so you can get the legal advice you need without pressure or obligation. He also works on a contingency fee basis, meaning you don’t pay attorney fees unless your case succeeds.

The bottom line is this: you have nothing to lose by contacting our law firm to discuss what happened. We are ready to listen and fight for you.

Speak with a Workplace Discrimination Lawyer Today

If you have been the target of mistreatment because of your religion, it’s crucial that you speak with a lawyer as soon as possible. We encourage you to contact our Allen law office for a free consultation.

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Dan Atkerson

Law Offices of Dan A. Atkerson

Dan A. Atkerson has been protecting the rights of North Texas employees for over nearly four decades. He is affiliated with several prestigious legal organizations, including: 

  • The State Bar of Texas
  • The Dallas Bar Association
  • The United States Court of Appeals Fifth Circuit
  • Texas Supreme Court and all Texas trial and appellate courts
  • Texas federal courts for the Northern and Eastern Districts of Texas

Through aggressive, knowledgeable representation, he has helped clients all over the state reach significant verdicts and settlements. To schedule a consultation at our law firm, request an appointment online or call us at (214) 383-3606.

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