Legal Question in Employment Law in California

Is an employer required to provide comparable paid benefits to all its employees? I work for a Jewish Owned company and Jewish employees are allowed to take an additional 12 paid holidays every year that are not offered to non-Jewish employees. I requested a 4-hour paid holiday for MLK day and was denied. I am not provided optional holidays that can be taken at my discretion for non-Jewish employees.


Asked on 1/18/11, 8:56 am

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

The employer is entitled to set and change hours, duties, titles, compensation, benefits, leaves, vacations, holidays, policies, rules, etc. just not retroactively. They can pay each person a different amount. However, there can not be 'religious discrimination' as the basis for pay and benefit differential. The issue of religious holidays is a 'grey' area. Employees of various religions have now acquired legal 'rights' to be accommodated in their required religious traditions. Muslims with prayers, Jews and Christians with Holy Days, etc. MLK is NOT a religious holy day to which you are entitled to accommodation. But, if you can demonstrate that 'religious discrimination' is present, you may have a claim. If you think you can, and if you are serious about pursuing this, feel free to contact me.

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Answered on 1/24/11, 11:57 am


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