Workplace Discrimination And Harassment
Summary
Your situation may involve religious discrimination and harassment under California and federal law. Employers must accommodate religious beliefs unless it causes undue hardship. Retaliation for discrimination complaints is prohibited. The naughty Santa picture could contribute to a hostile work environment. Documenting incidents and HR communications is crucial. Consider consulting an employment lawyer in California for personalized advice and potential next steps.Full Conversation
James
Hi James! How can I assist you with your legal issue today?
I have a problem at work. I work in california and in the past I feel I have been retaliated and discriminated by my employer and I keep forgiving them but they keep doing things that I think might be illegal. This is the latest thing. I was raised a Jehovah's witness and never celebrated christmas. I'm no longer a jehovah's witness and due to that my entire family shuns me, I also still do not celebrate christmas. My superviser where I work during a team meeting asked the team to provide pictures of christmas trees so we could all play a christmas game together. Then she said at the start of the meeting she wanted everyone to go around in a circle and tell everyone their family christmas traditions. Although my company seems be saying back to me it was our holiday traditions not specificlly christmas traditions. I left the meeting as I was upset by having to do that and complained to HR. HR said they spoke to my manager but several days later my manager put in our teams chat a picture of a attractive woman wearing a santa christmas outfit with the word naughty on the hat. I wanted to know the specific date they spoke with my supervisor to verify if my supervisor sent that picture before or after they spoke to her, but they refuse to tell me. And HR sent this response: - "It’s not our practice to provide that level of specificity, but as Haley shared, she did speak with Jalea about these concerns the week of December 23rd. I am sorry to hear that you were uncomfortable with some of the holiday conversations that were happening across the team. As you know, while Christmas is a common holiday for many, we strive for all Associates to feel included, regardless of the holidays they celebrate. We often ask our Associates to share their own personal or holiday traditions as a way to bring people together and celebrate the diverse backgrounds of our teams. - That was their response. My questions is did they do anything illegal or is their answer acceptable that they can ask employees to get infront of a large group of people to talk about their christmas or holiday traditions? What are your thoughts about this?
James, your situation raises potential issues of religious discrimination and harassment under California law and federal law (Title VII of the Civil Rights Act of *).
Key points to consider:
- Employers must accommodate employees' religious beliefs unless it causes undue hardship.
- Retaliation for complaining about discrimination is prohibited.
- The posting of potentially inappropriate content (like the "naughty" Santa picture) could be considered creating a hostile work environment.
Have you documented these incidents and your communications with HR?
Yes
James, based on your situation, it appears there could be grounds for a discrimination and harassment claim, including:
- Religious discrimination under Title VII of the Civil Rights Act of *.
- Retaliation for your complaints about discrimination.
- Creation of a hostile work environment.
Consulting with an employment lawyer in California could provide you with tailored advice and potential next steps.
Would you like information on how to find an employment lawyer?