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Religious Freedom Law or Free Pass to Discriminate?

On Behalf of | Feb 28, 2018 | Firm News

Some states have adopted or contemplated adopting so-called “religious freedom” laws. These laws create a risk of allowing religious groups, or businesses, to discriminate against others when their religions call for it. For example, many Christian groups look down upon the lesbian, gay, bisexual, transsexual (LGBT) community, and may refuse clientele that are gay. Even if a particular state does not have a religious freedom act, discrimination may go unpunished if cloaked behind a religious belief. For example, a few years ago a baker in Colorado refused to make a wedding cake for a gay couple. The couple took their case all the way to the Supreme Court, and the decision is still pending on whether there was wrongdoing, according to NBC News.

Religious Freedom Laws Can Trace Their Heritage to Jim Crow

The same logic of religious freedom laws or arguments that some business owners may use to discriminate against the LGBT community was applied to race during the early years of the civil rights movement. Laws were written in favor of the majority (whites) in order to continue their prejudices against blacks, all in the name of religious freedom. According to Judge Leon M. Bazile, “Almighty God created the races white, black, yellow, malay and red, and he placed them on separate continents. . . The fact that he separated the races shows that he did not intend for the races to mix (1959),” as reported by ThinkProgress.

It is Not Legal for a Religious Business Owner to Discriminate Against Employees or Applicants

Illinois has a religious freedom law, along with 20 other states, according to WQAD 8 News. These laws give business owners the right to pick and choose whom they serve to a large degree. While they do not give an employer the right to deny employment to any particular group of people, such as someone who identifies with the LGBT community, such discrimination does happen frequently.

The Employment Discrimination Attorneys of Goldman & Ehrlich are Here to Help

Whether you have faced employment discrimination based on your race, color, national origin, sexual orientation, gender, religion, disability, or age, you need to call a lawyer now. Under no circumstances is it legal for an employer to fire, refuse to hire, harass, or otherwise mistreat an employee or job applicant because of a protected characteristic. To learn more about your legal options, call the experienced Chicago employment lawyers with Goldman & Ehrlich today for immediate assistance.