Over the last decade, our attorneys have noticed an upward trend in the number of cases of discrimination, harassment, and retaliation in California’s wholesale industry. Our state has the largest amount of wholesale activity in the U.S. topping $268 billion as it produces more of goods and services than any other states. Specifically, the wholesale industry affects employees who are responsible for its success – such as truck drivers, warehouse workers, and shipping coordinators. Recent examples of unlawful employment conduct in California’s wholesale industry includes employees in the restaurant, fashion, footwear, and grocery businesses. Stephen Danz and Associates, along with co-counsel, have been dedicated to representing these employees. Our law firm attorneys and support staff are a powerful legal team on your side. We even the field when it comes to taking on the large employers and their defense counsels.
California’s wholesale industry is diverse and complex. It is also one of the largest industries in the United States. Accordingly, employees who face discrimination, retaliation, harassment, wrongful termination or related employer prohibited activity in this sector, should seek the help of competent and knowledgeable California employment lawyers who have experience in this space. The attorney you trust should have the experience and fortitude to stand against the largest defense firms, and not be concerned about litigation.
How is an Employee’s Religion Protected under California’s FEHA?
To understand the protection afforded to employees of certain religions, we have to explain how the law defines “religion.” Religious creed, as well as religion, religious observance, religious belief, and creed, is defined broadly under the FEHA to include all aspects of religious including belief, observance, and practice (including, religious dress and grooming practices). Under this definition, religion includes organized religions, such as: Christianity, Judaism, Islam, Buddhism, and Hinduism. Religion also includes unorganized religions and less common belief systems.
What Guidelines Do Courts Apply to Determine a Person’s Bona Fide Religion?
To determine whether an individual holds a bona fide religious belief (one that is sincerely held and occupies “a place of importance parallel to that of traditionally recognized religions,” as opposed to a secular belief system), courts apply the following guidelines:
- A religion addresses fundamental and ultimate questions having to do with deep and imponderable matters, which include for example: the meaning of human existence; the purpose of life; theories of humankind’s nature or its place in the universe; matters of human life and death; or the exercise of faith.
- A religion is comprehensive in nature and consists of a belief system, as opposed to an isolated teaching (for example, a belief system that derives from a power, being, or faith to which all else is subordinate or upon which all else depends).
- A religion often can be recognized by the presence of certain formal and external signs, which although not determinative, may include the following: teachers or leaders; services or ceremonies; structure or organization; orders of worship or articles of faith; or holidays.
Religion also includes atheism. It does not, however, include all beliefs that are deeply held. For example, the FEHA does not protect political beliefs, moral and secular philosophy, or a way of life such as veganism. The FEHA typically extends to the following religious practices:
- Praying and attending religious worship services.
- Wearing religious attire or symbols, such as: rosary beads; hijabs; turbans; and yarmulkes.
- Religious expression, including: proselytizing; and displaying religious objects and symbols.
- Following religious dietary rules.
- Refraining from certain activities, such as working during the Sabbath.
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Our leadership has practiced law in California for five decades. Accordingly, the experience, resources, and years of litigation prepared us to fight for your legal rights in California’s state and federal courts. The team focuses only on employment law and therefore can provide clients with maximum compensation and most favorable results. This is critical as employment laws constantly change – whether it is the types of charges, defenses, deadlines, or court rules. Trust our team for its transparency, knowledge and constant communication. Below, we list several recent common COVID-19 questions we got from clients. Each situation is unique. Therefore, we encourage you to call us to discuss your case.