One of the more common violations of religious anti-discrimination laws in California by employer is refusing to accommodate an employee’s schedule because of his religious beliefs, when it can easily be done. In July 2015, DFEH filed such a case in Sacramento County Superior Court – DFEH, on Behalf of Christopher Robello v Sac Express, which is still in litigation. This is a religious discrimination lawsuit, where Mr. Robello was a delivery driver who refused to work on Sundays due to his religious beliefs. He made it clear to his employer that he was happy to work on all other days. Shortly after he informed his supervisor that he can’t work on Sunday he was terminated.
DFEH only pursues a few select cases in court out of the many charges of discrimination they receive every year. Therefore, it’s interesting to observe and understand how they pick the cases they file. I believe that two key factors played a key role in the decision of the Department of Fair Employment and Housing to actually file this religious discrimination lawsuit in court on behalf of Plaintiff: (1) the timing of the events, i.e. – Plaintiff was terminated shortly after informing his employer of his inability to work on Sundays, and even more importantly so (2) absence of any training or policies on preventing workplace discrimination and harassment at the workplace, which basically creates a breeding ground for more violations, such as discrimination and retaliation. Here is a copy of that lawsuit by DFEH.