Exploring Your Right to
Celebrate Holidays in the Workplace
Managing the dichotomy of a
diverse workforce during the holiday season
New York
is home to a widely diverse workforce, with
individuals from all cultures and
nationalities represented. Such a diverse
mix of individuals creates unique challenges
during the holiday season, as many employees
seek to celebrate their traditions and
religious activities.
Under New
York law, organizations must allow employees
to express their religious beliefs without
fear of reprisal. This means that employers
cannot:
-
Discriminate
against any holiday: No employer may
disallow imagery or holiday-related
content. This means that employees must
be allowed to express their religious
and holiday preferences, provided that
the employee does not cause hardship to
the organization or coworkers.
-
Allow sole promotion of a single
holiday: Much like an employer may
not discriminate against any holiday, an
organization may also not actively
participate in the promotion of one
holiday or religious event over another.
This includes circulating holiday-themed
announcements, holding religious-themed
events or actively comparing holidays
against each other.
-
Deny vacation requests based on a
holiday schedule: Employers are
prohibited from denying vacation
requests based solely on the employee’s
religious or holiday preferences. A
denial may be made, however, if the
request poses a hardship upon the
organization. This includes situations
involving multiple requests as well as
those in which the request exceeds the
employee’s allowable vacation period.
-
Allow harassment of any employee:
While it is difficult to monitor all
employees at all times, employers have
the responsibility to protect
individuals against harassment based on
any factor, including their religious
and holiday preferences. Allowing
harassment or
discrimination of an employee for
any reason is against the law, and
against the true spirit of any holiday
season.
In short,
an employer must make a good faith effort to
allow every employee to celebrate his or her
holiday as they see fit. Of course, this is
not always possible, as staffing issues,
deadlines, and other business matters play a
role in the busy holiday season.
As an
employee, it is important to remember that
your employer is likely doing the best they
can to meet your needs. In any event,
whether you celebrate Christmas, Hanukkah,
Kwanzaa or any other holiday, be safe in the
knowledge that you have the right to enjoy
the holiday as you see fit, without fear of
discrimination or harassment.
Take action if you have
been discriminated against
If you
feel that your employer has discriminated
against you or harassed you in any way based
on your religious or holiday preferences,
you may have legal recourse. Discussing your
case with an attorney may be helpful in
identifying your legal options.
At
Hepworth, Gershbaum & Roth, our New York
employment lawyers leverage more than 70
years of experience to support wronged
employees. Whether you have been denied the
right to celebrate a holiday by an employer
or have been harassed for your religious
beliefs by coworkers, we can help.
Contact us online or call 212-545-1199
to schedule a free initial consultation to
discuss your case with one of our New York
employment law attorneys.
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Contact an employment law
attorney in New York today
for a free initial
consultation and determine
whether you have a case. For
a free initial consultation,
you can contact us online or
by phone.
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TODAY!
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