Close
Updated:

Federal Court Allows Newark Employee’s Religious Discrimination Claim to Proceed

Workers in Bergen County and throughout New Jersey have the right to practice their faith without sacrificing their jobs. A recent federal decision, Aquil v. City of Newark, underscores that employees have the right not to be subjected to religious discrimination at work. The ruling confirms that, when a worker pleads enough facts to show a possible violation, the case can move forward toward a trial on the merits.

The Facts of the Case

Akmal Aquil, a City of Newark employee, is a practicing Muslim. He alleges that his work schedule conflicted with his religious obligations. Specifically, he sought to attend Jumu’ah, the weekly congregational prayer each Friday. He told Newark that he could adjust his lunch break, make up time later in the day, or work additional hours during the week to ensure he still completed his job duties.

According to Mr. Aquil, the City refused these reasonable proposals and instead disciplined him for leaving work on Fridays. Specifically, Newark suspended him, claiming he had engaged in public unbecoming a public employee because he left work early to attend religious services without permission.

Mr. Aquil filed a charge with the United States Equal Employment Opportunity Commission (EEOC). After receiving two right-to-sue letters, he brought a lawsuit in federal court under Title VII of the Civil Rights Act of 1964 alleging that Newark had engaged in religious discrimination and a failure to accommodate his faith.

Religious Accommodations Under Title VII

Like the New Jersey Law Against Discrimination (NJLAD), Title VII requires employers to provide employee’s reasonable accommodations for their sincerely held religious beliefs unless doing so would cause an undue hardship. Depending on the circumstances, reasonable accommodations can include things like modified breaks, adjusted shifts, or changes to start and end times.

For workers, this means you can request changes that allow you to fulfill your religious obligations, as long as the changes do not prevent you from performing your essential job duties. Clearly explaining your request, offering specific alternatives, and putting your request in writing often can strengthen your position, especially if a dispute arises.

How the Court Came to Its Decision

The court denied the City’s request to dismiss the case and allowed the Title VII religious discrimination and accommodation claim to proceed. The judge determined that Mr. Aquil had alleged enough facts to support a possible violation of the law.

This does not mean that Mr. Aquil has won his case. Rather, it means the court found his claims were sufficient to continue to the next stage, where both sides can gather evidence. An ultimate decision in the case will not come until after the facts are fully developed.

Why This Matters for Workers in Bergen County

This ruling is a reminder that you should not have to give up your religious practices to keep your job. If you have a sincere religious need, you have the right to request a reasonable accommodation. If your employer refuses or retaliates against you, then you may be able to challenge that decision.

Cases like Mr. Aquil’s show that when workers put their requests in writing, document the employer’s response, and follow the required steps, courts can and do allow these claims to move forward.

While this case involved Title VII, a federal law, the NJLAD provides similar protections for workers in New Jersey. In other words, employees have multiple legal avenues to pursue if they experience religious discrimination.

Speak with a Bergen County Employment Lawyer

If you have been denied a reasonable accommodation for your religious practices or have faced discrimination at work because of your faith, Rabner Baumgart Ben-Asher & Nirenberg, P.C. can help you protect your legal rights. Call (201) 777-2250 or contact us online to speak with an experienced Bergen County employment lawyer about your situation.

Contact Us