Legal Question in Employment Law in California

My husband's supervisor was constantly talking to him about his religious beliefs, pointing out what my husband did wrong and telling him he was going to go to hell for the things he did. He would make him go to his hotel room for bible study after work when they worked out of town. My husband grew so tired of it that he quit the job. Is there any legal action we can take against them for the religious harrrassment?


Asked on 8/13/10, 7:27 pm

4 Answers from Attorneys

David Sarnoff Sarnoff + Sarnoff

It is quite possible that your husband was subject to unlawful harassment based on his religious beliefs. Under the California Fair Employment and Housing Act (FEHA), no employer may harass an employee based on his religion or lack of religion. Depending on the frequency, severity, and duration of these comments, your husband's supervisor may have created a Hostile Work Environment such that your husband can file a lawsuit for Unlawful Harassment. He may also have a viable claim for Constructive Discharge if the harassment created conditions that were so intolerable that a reasonable person would feel forced to quit.

In addition, your husband may have a claim for discrimination and/or retaliation if he suffered any adverse employment actions, such as being refused a promotion, as a result of his religious beliefs or complaints of religious discrimination or harassment.

FEHA claims have a very strict statute of limitations. Your husband needs to contact an attorney who specializes in California employment law immediately. I would be happy to talk to him to fully assess his rights. Please give me a call at (213) 536-4236. He can speak with either me or my law partner, Raven.

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Answered on 8/18/10, 8:09 pm

I agree with Mr. Sarnoff in general. If your husband just put up with this and then quit, however, rather than taking it up the chain of command or to HR, he is going to have a tough time winning a case.

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Answered on 8/18/10, 8:53 pm
Terry A. Nelson Nelson & Lawless

Yes. If his quit was within the last year, then he could file suit over the religious discrimination and harassment in employment. If he is serious about doing so, feel free to contact me. I've been doing such employment discrimination cases for over 20 years.

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Answered on 8/19/10, 11:40 am
James Bame San Diego Law Office

You need to file claims with either the DFEH or the EEOC immediately. Contact me directly.

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Answered on 8/20/10, 5:20 pm


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