Legal Question in Discrimination Law in California
I work for the State of Californa's Employment Development Department in their Disability Insurance division. At this time last year we were furloughed 3 days a months by our Governor. As of July 1, 2010 we are no longer furloughed and, therefore, have returned to our regular 7 customary schedules.
I am Jewish and my employer have me Yom Kippur off last year with no problem. this year they refused citing "departmental needs." due to the make up of the office, I think I am being discriminated against because of my religion.
Is there anything I can do? My union is of no use.
thank you for a prompt response.
3 Answers from Attorneys
Employers must reasonably accommodate employees for religious observation, unless doing so would create an undue hardship on the employer. Not enough facts are known as to why allowing you to take off for Yom Kippur, would create such a hardship, particularly since, this year, the holiday starts at sundown Friday night until sundown Saturday.
An examination would have to be made of your job duties and schedule and why it would be necessary to work Friday night or Saturday. I always thought the EDD was closed on weekends.
Sure, you can file a discrimination claim with the DFEH and then in court, but if the employer genuinely has a financial hardship, [by the way, CA is bankrupt and govt employees are likely to receive IOU's instead of paychecks] the employer may impose hardship work rules. You will have to demonstrate that accommodation to you could be made without financial hardship. If you think you can do so, feel free to contact me. I've been doing these cases for over 20 years.
This a case of religious discrimination. The Jewish High Holidays is on the same level as Christmas adn it should have been accommodated. You can file th Complaint and Notice of Claim forms on line at the CA Dept. of Fair Employment and Housing (DFEH) website. I hope this helps. Bob