Believe It Or Not: Atheists Can Have Religious Discrimination Claims Too

Religious discrimination laws protect more than just those who attend church, temple, or mosque. Did you know that they also protect those who don’t subscribe to any religious belief at all? A recent lawsuit in Colorado alleges that atheists, too, can face workplace discrimination—and that’s just as unlawful as treating someone unfairly for practicing a religion.

A Workplace Dispute Over Belief (or Lack Thereof)

The employee alleges that he faced discrimination because of his atheist beliefs. According to the complaint, at a holiday party, a senior manager persistently asked the employee whether he believed in God, despite the employee’s discomfort and attempts to deflect the conversation. This exchange occurred in front of multiple colleagues and the employee’s direct supervisor, who did nothing to intervene. When the employee later reported the incident to HR, he claims management retaliated by isolating him at work, altering his job duties, and ultimately terminating his employment.

The Law Protects Atheists Too

Religious discrimination laws don’t just protect people of faith—they also protect those who don’t hold religious beliefs. Title VII of the Civil Rights Act of 1964 prohibits discrimination based on religion, which courts have confirmed includes atheism.

In Young v. Southwestern Savings & Loan Assoc., the Fifth Circuit ruled that requiring employees to attend prayer meetings as part of mandatory staff gatherings constituted religious discrimination, potentially leading to constructive discharge. Similarly, the Ninth Circuit in Noyes v. Kelly Services found that an employee who didn’t share her employer’s religious beliefs had a valid discrimination claim. They called it “reverse” religious discrimination. The Seventh Circuit in Reed v. Great Lakes Cos. confirmed that religious freedom includes the right to reject religion altogether. Finally, the Tenth Circuit in Shapolia v. Los Alamos Nat’l Lab. held that an employer cannot penalize an employee for refusing to participate in religious activities.

What Employers Need to Know

HR professionals and managers can take steps to prevent religious discrimination claims. Here’s how:

• Clarify Policies – Ensure anti-discrimination policies explicitly protect employees regardless of religious belief, including those who are non-religious.
• Ensure Neutral Workplace Practices – Avoid incorporating religious or anti-religious messaging into workplace activities, meetings, or communications to maintain a neutral environment for all employees.
• Watch for Bias – Promotions, hiring, and workplace culture should be inclusive of all employees, regardless of their religious views.
• Take Complaints Seriously – Employees who report religious discrimination, including for rejecting religion, should not face retaliation. Address complaints promptly and fairly.

Final Thought: Following the Law Matters

Courts have made it clear that atheists are protected under the law, just like members of any faith. So, employers, whatever your employees’ religions may be, don’t stop believin’ — in following the law.

(Sorry, I had to slip in a Journey reference.)