Christmas, Hanukkah, Kwanzaa, Winter Solstice...Religious Discrimination and Holiday Celebrations

The holidays are here!! That wonderful time of year when the snow starts to fall and the lights go up on all the houses...oh wait...that's not what the holidays look like for everyone, is it?  Not in Los Angeles at least!  There's definitely no snow.  There are lights, but not just traditional Christmas lights...there are big menorahs, blue lights mixed in with white, and even the Scientology Center near Hollywood and Highland has a big Santa Clause winter wonderland exhibit!

Avoid Karaoke...
It's also the time of year for office "holiday" parties! An event that will forever remind me of that scene in Bridget Jones's Diary where Bridget is drunk and singing karaoke in reindeer antlers.  In addition to reminding us about memories of getting a little too tipsy with co-workers and bosses that we'd rather forget and that karaoke, alcohol and co-workers don't mix, office holiday parties also remind us that not everyone celebrates the holidays or "our" holiday.

Laws Prohibiting Religious Discrimination in the Workplace
I thought this would be a good time of year to remind everyone about the laws prohibiting religious discrimination and harassment based on religion in the workplace.  Religious discrimination in the workplace is prohibited by both Title VII of the Civil Rights Act and the California Fair Employment and Housing Act (FEHA).  Religion also encompasses more than just traditional religions and also includes atheism.  To be considered a "religion" or "religious creed", the beliefs and practices must hold  “a place of importance parallel to that of traditionally recognized religions.”*

Reasonable Accommodations for Religious Beliefs and Observances
Both statutes require employers to make reasonable accommodations for employees' religious beliefs, as well as their observances and practices.  Under California law, this includes observance of the Sabbath and other religious holy days or days of observance.  Reasonable accommodations allow employees time off for observance, as well as time for necessary travel before and after the religious observance.

Harassment Includes Seemingly "Harmless" Jokes about Traditional Religions
Harassment based on religion is also prohibited by law and can include severe or pervasive conduct involving conduct such as making religious jokes or forwarding emails making fun of a particular religious tradition.  Often people are less sensitive to jokes making fun of their own religion or traditional religions and religious observances that have been subject to less historical discrimination, such as Christianity and Christmas.  However, this conduct is equally prohibited under the law and employers should keep a look out for this type of behavior as well.  This is especially important because, for many of us, we are living in an increasingly secularized culture, where many people don't think twice before making a religious joke.

Office Holiday Party Tips...

As for your office holiday party, here are a few tips: (1) avoid karaoke; (2) limit the amount of alcohol; (3) keep decorations religion-neutral by focusing on secular, winter themes; (4) don't make attendance mandatory; and (5) have fun!

Happy holidays!

*Friedman v. S. Cal. Permanente Med. Group, 102 Cal. App. 4th 39, 69, (2002) (holding that veganism is not a religion).