['Discrimination']
['Religious Discrimination']
04/15/2024
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Summary of differences between federal and state regulations
Employer defined
“Employer” includes all ‘persons’ unless otherwise specifically exempt, and includes the state, any political or civil subdivision, and all public officers, agencies, boards or bodies.
“Person” includes one or more individuals, partnerships, associations, organizations, labor organizations, corporations, legal representatives, trustees, trustees in bankruptcy, receivers, and fiduciaries.
Unlawful employment practices
The unlawful employment practices and exemptions are similar to those under the federal law. For example, the state law requires employers to make reasonable accommodations for employee’s religious beliefs, and the conditions are similar.
Under New Jersey law, employers may not impose employment conditions or restrictions that would require a person to violate or forego a sincerely held religious practice or observance, like observing religious holidays. Employers must attempt to find a reasonable accommodation that does not result in undue hardship.
For these purposes, “undue hardship” means an accommodation requiring unreasonable expense or difficulty, unreasonable interference with the safe or efficient operation of the workplace, a violation of a bona fide seniority system, or a violation of any provision of a bona fide collective bargaining agreement. The factors that must be considered (cost, size of the employer, number of individuals needing accommodation, and so on) are essentially the same as federal law. An accommodation is not “reasonable” if it prevents the employee from performing the essential functions of the position. This definition is for purposes of religious accommodation, and does not change the definition of “undue hardship” or “reasonable accommodation” regarding disabilities of employees.
State law also clarifies that an employee is not entitled to premium wages or premium benefits if the employee is working a particular shift only as an accommodation to his or her religious beliefs or practices. However, the hours worked must still be counted toward accruing seniority, pensions, or other benefits. Also, premium wages under a collective bargaining agreement cannot be reduced.
“Premium wages” means additional remuneration for night, weekend or holiday work, or for standby or irregular duty.
“Premium benefit” means an employment benefit, such as seniority, group life insurance, health insurance, disability insurance, sick leave, annual leave, or an educational or pension benefit that is greater than the employment benefit due the employee for an equivalent period of work performed during the regular work schedule of the employee
Finally, employers must allow employees to use available leave (vacation, etc.) if needed to accommodate a religious practice. Absences that would cause undue hardship, however, need not be automatically approved (see the description above). Employers can require employees (where reasonable) to make up time missed at a convenient time (i.e., swapping shifts with another employee). Absences that are not made up, and where the employee does not have paid time off available, can be considered unpaid leave (again, where this does not cause undue hardship).
Employees may file a complaint with the New Jersey Division on Civil Rights within 180 days of the date of the alleged violation. Alternatively, they may file a complaint in the Law Division of the Superior Court of New Jersey within two years of the alleged violation.
State-specific laws
In addition to the state’s discrimination laws under the Division on Civil Rights, New Jersey has enacted the “Worker Freedom from Employer Intimidation Act.” In summary, the Act says that employers can not compel employees to participate in meetings or other communications where the purpose is to “communicate the employer’s opinion about religious or political matters.”
The act can be viewed here: www.njleg.state.nj.us/2006/Bills/S1500/1123_R1.PDF.
State
Contact
New Jersey Division on Civil Rights
Regulations
New Jersey Law Against Discrimination, Title 10
New Jersey Statutes Table of Contents
www.nj.gov/lps/dcr/employ.html - Office of the Attorney General – Employment Discrimination
Federal
Contact
Equal Employment Opportunity Commission (EEOC)
Regulations
29 CFR Part 1605, Guidelines on Discrimination Because of Religion
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