Then NJLAD prohibits discrimination on the basis of religious beliefs, practices, association or ideologies. Further, the New Jersey Constitution Article 1, paragraph 5 provides that, “no person is to be denied the enjoyment of a civil right or discriminated against in the exercise of such right on the basis of religious principles.” Further, an employee has a right to expect a working environment free from religion based harassment meaning an employer must take steps to protect employees from religion-based slurs, name calling and other forms of provocation or pestering based on religious beliefs, practice or association.
An employer must reasonably accommodate employees’ religious beliefs. It is unlawful for an employer to impose a condition of employment that would require an employee to forego a sincerely held religious practice or religious observance, including the observance of any day as a holy day, unless after bonafide effort the employer demonstrates that they are unable to accommodate the employee’s observance or practice without undue hardship on the conduct of the employer’s business. Undue hardship is defined as an accommodation requiring unreasonable expense or difficulty, unreasonable interference with the safe or efficient operation of the workplace, or violation of a collective bargaining agreement. Unfortunately for the employee, such review of an employer’s undue hardship can usually only result from a decision by a judge or a jury. If you feel that you have been subject to discrimination based on your religious beliefs or practices or discriminated against based on creed in any other definition of such term, contact and experience employment lawyer at Kurkowski law today.