Laws Protecting Rastafarians from Employment Discrimination

Under Title VII of the Civil Rights Act, it is unlawful for an employer to discriminate against an employee based on his or her religious beliefs and practices. However, certain employers do not abide by these Acts; instead they take advantage of employees’ and applicants’ unfamiliarity about the laws that protect their rights.

A religious discrimination lawsuit filed by a UPS Ground Freight employee, Nieland Bynoe, became a proof that the federal government does not tolerate discriminatory acts at workplaces. Bynoe was hired by UPS for a driver position, during his orientation, he was asked to cut his dreadlocks and shave his beard to comply with the company’s hygiene policy. However, he refused to follow the company’s policy because of his religious practices as a Rastafarian.

The company’s human resource manager did not consider Bynoe’s explanation and terminated him instead. The EEOC filed religious discrimination charges against UPS because the company failed to reasonably accommodate Bynoe’s religious belief. The court supported the plaintiff’s case and legally required the company to provide $45,000 compensation.

Aside from the monetary compensation, the court also released a two-year consent decree that includes prohibiting UPS from committing any unlawful religious discrimination or retaliation, providing anti-discrimination training, and posting of a notice about the settlement.

According to EEOC, religious discrimination complaints have significantly increased. In 2009, the Commission received a record high of 3,386 religious discrimination charges.

In California, the anti-religious discrimination provision of the 1964 Civil Rights Act is backed with its state law. Pursuant to Fair Employment and Housing Act (FEHA), California-based employers are legally obliged to reasonably accommodate an individual’s religious beliefs and practices.

Under FEHA, religious discrimination is prohibited in all employment practices including:

• Job opening advertisements
• Applications, screening, and interviews
• Hiring, promoting, transferring, or firing
• Working conditions
• Participation in training or internship programs, and employee organizations

Employers should not engage in any discriminatory act against employees or applicants based on their religion. An individual who believes that he or she has experienced employment discrimination should file a complaint with EEOC or Department of Fair Employment and Housing if in California.

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