Unlike several other forms of discrimination—such as discrimination based on perceived disability—being mistaken for a member of a religious group and then being discriminated against based on that mistaken association isn’t illegal.
Recent case: Social worker Darren Lewis claimed he lost his job because his supervisors wrongly believed he was Muslim. (Lewis changed his name from Serh Talmadge Fardi Efe after he was fired.)
On the other hand, his employer said he was fired because he never received his social worker license. (He kept failing the test.)
The court dismissed Lewis’ discrimination lawsuit. It said employees can’t sue for their employer’s mistaken belief they belong to a particular religion. The employee must actually belong to the protected class to have a case. (Lewis v. North General Hospital, No. 06-CV-4909, SD NY, 2007)
Caution: Discriminating against employees believed to be disabled (even if they are not) is illegal under the ADA. Similarly, the EEOC takes the position that discrimination based on speech, style of dress or mannerisms associated with persons from particular countries is national-origin discrimination. Had Lewis argued he was being discriminated against because his employer thought he was from a Muslim country, the case might have turned out differently.
Like what you've read? ...Republish it and share great business tips!
Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...
We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.
The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.
" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/3644/employees-cant-sue-for-perceived-religious-discrimination "
- Stamp out harassment fast--or risk EEOC case that snowballs out of control
- Don't fear informal ADA accommodation: You can still challenge disability later
- Already decided who to hire? OK to refuse more applications
- Ledbetter law doesn't apply to state pay claims
- Beware giving contradictory reasons for a layoff