California’s Fair Employment and Housing Act (FEHA) defines religion as all traditionally recognized religions and beliefs, observations or practices that are sincerely held and that occupy in the employee’s life a place of importance parallel to that of traditionally recognized religions. In addition, case law has clarified that this duty extends beyond accommodating only required religious tenets and may include observances an employee simply prefers to follow or attend and that an employer should generally avoid inquiry into whether a religious observance is required.
In 1964, Title VII of the Civil Rights Act was passed prohibiting companies and employers from discriminating against the religious beliefs or lack of religious belief when hiring or firing. Title VII also prevents creating any terms and conditions of employment based on religious belief. This section of law also prohibits segregation of tasks or positions based on religion, such as assigning an employee to a non-customer contact position because of actual or feared customer preference.
Under the California Workplace Religious Freedom Act of 2012 (WRFA), religious creed, religion, religious observance, religious belief and creed have been defined to include all aspects of religious belief, observance and practice, including religious dress and grooming practices. “Religious dress practice” includes wearing or carrying religious clothing, head or face coverings, jewelry, artifacts and any other item that is part of a religious observance. “Religious grooming practice” includes all forms of head, facial and body hair that are part of a religious creed (C.G.C. §12926(q)).
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