U.S. Department of Justice

Civil Rights Division

Protecting the

Religious Freedom

of

All Americans:

Federal Laws Against

Religious Discrimination

“In this Land of equal liberty it is

our boast, that a man’s religious

tenets will not forfeit the protection

of the Laws, nor deprive him of the

right of attaining and holding the

highest Offices that are known in

the United States.”

George Washington
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INTRODUCTION

Religious liberty was central to the Founders’

vision for America, and is the “first freedom”

listed in the First Amendment of the Bill of

Rights. A critical component of religious liberty

is the right of people of all faiths to participate

fully in the benefits and privileges of society

without facing discrimination based on their religion.

The Civil Rights Division of the Department of

Justice enforces Federal statutes that prohibit

discrimination based on religion in education,

employment, housing, public accommodations,

and access to public facilities. In addition, the

Civil Rights Division prosecutes bias crimes

committed against individuals because of their

religion and acts of vandalism and arson against

houses of worship. The Civil Rights Division

also is authorized to bring suit to enforce the

Religious Land Use and Institutionalized

Persons Act of 2000, which protects individuals

and houses of worship from discriminatory and

unduly burdensome zoning regulations, and also

protects the religious exercise of prisoners and

other institutionalized persons.

This brochure provides an introduction to the

laws against religious discrimination enforced

by the Department of Justice, and provides information on how to report claims to the various

sections of the Civil Rights Division and where

to learn more about your rights. 
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Education

Two Muslim sisters are told by a school

principal that they cannot wear their hijabs

(head-covering scarves) to school.

A Jehovah’s Witness student is repeatedly

harassed by other students because of

her religious beliefs, and teachers and

administrators, despite knowing about

it, refuse to take any action. 

These examples may be violations of Federal

law, which prohibits the denial of educational

opportunities because of a person’s religion. The

Division’s Educational Opportunities Section

enforces these laws in elementary and secondary

schools as well as public colleges and universities. The Educational Opportunities Section’s

work addresses discrimination in all aspects of

education, including assignment of students to

schools and classes and academic programs, the

transportation of students, the hiring and placement of faculty and administrators, the condition

of educational facilities, and the distribution of

school district resources.

If you believe that you or your child have been

denied access to an educational program or otherwise discriminated against by a school operated by a State or local government, you can contact the Division’s Educational Opportunities

Section toll free at (877) 292-3804, or write to:

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Educational Opportunities Section, Civil Rights

Division, U.S. Department of Justice, 950

Pennsylvania Ave., N.W., Washington, D.C.

20530. Further information is available at

www.usdoj.gov/crt/edo.

Employment Discrimination

A Jewish instructor with a county job

training program is told that he may not

wear his yarmulke while teaching classes.

A store clerk who is a Seventh-Day Adventist

is scheduled to work on a Saturday, his

Sabbath, and despite the willingness of a

coworker with the same level of experience

who is scheduled to work Sunday to switch

shifts with him, his supervisor tells him that

he must work Saturday or be fired.

A supervisor passes over a qualified Mormon

applicant for a job, and is overheard saying

to a colleague that he just would not feel

comfortable working closely with a Mormon.

These examples may be violations of Title VII of

the Civil Rights Act of 1964, which prohibits

discrimination against persons based on their

religion in hiring, promotion, or in the terms and

conditions of employment. Title VII also

requires that employers reasonably accommodate the religious needs of employees, such as

Sabbath observance, if it would not be an undue

burden on the employer to do so. If you believe

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that an employer, a labor organization or an

employment agency has discriminated against

you because of your religion, or has refused to

make a reasonable accommodation of your religious

needs, you may call the U.S. Equal Employment

Opportunity Commission (EEOC) at (800) 669-

4000 (voice), or (800) 669-6820 (TDD), to be

put in contact with the EEOC office nearest you. 

The Civil Rights Division handles individual

cases of religious discrimination against state

and local government employers upon referral

from the EEOC. The Civil Rights Division also

has authority to bring suit against State or local

government employers when there is either a

pattern of activity or a policy that violates Title

VII. If you believe a State or local government

has violated your rights under Title VII, you

may call the Division’s Employment Litigation

Section at (202) 514-3831, or write to: Employment

Litigation Section, Civil Rights Division, U.S.

Department of Justice, 950 Pennsylvania Ave.,

N.W., Washington, D.C. 20530. Further information is available at ww.usdoj.gov/crt/emp.

Housing

A Sikh man wearing a turban is told

that there are no apartments available

in a complex, but later the same day

the landlord tells other prospective tenants

that there are units available.

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An apartment has a meeting room that is

available for residents to reserve for card

games, social activities, and similar events.

An Evangelical Christian resident is told

that she may not use the room to hold a

Bible study with friends.

These examples may be violations of the Fair

Housing Act, which prohibits discrimination in

the sale or rental of housing, including refusal to

rent or sell to someone based on his or her

religion and discrimination based on religion

in the terms, conditions, or privileges of a sale

or rental. The Civil Rights Division’s Housing

and Civil Enforcement Section (telephone (800)

896-7743) handles cases involving either a

pattern or practice of discrimination or a

denial of rights to a group of persons that

raises an issue of general public importance,

while the U.S. Department of Housing and Urban

Development (HUD) (telephone (800) 669-9777)

investigates individual complaints of housing

discrimination. The section’s mailing address is:

Housing and Civil Enforcement Section, Civil

Rights Division, U.S. Department of Justice, 950

Pennsylvania Ave., N.W., Washington, D.C. 20530.

Further information is available at www.usdoj.

gov/crt/housing.

Public Accommodations and Facilities

Three Buddhist monks go out to a restaurant

wearing robes, but the proprietor says “we

don’t allow religious garb in here. Come

back when you are dressed normally.”

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A town rents its community center to local

groups for meetings, but refuses to rent it to a

local Hindu group that wants to hold a Divali

festival because of a no-religious-activities

policy at the center.

These examples may be violations of Federal

law. Title II of the Civil Rights Act of 1964

prohibits discrimination based on religion in

public accommodations such as restaurants,

theaters, and hotels. Title III of the Civil Rights

Act of 1964 prohibits discrimination based on

religion in public facilities owned or operated by

a State or local government. The Division’s

Housing and Civil Enforcement Section (contact

information above) enforces these statutes.

Further information is available at www.usdoj.gov/

crt/housing.

Zoning and Landmarking Laws

A small church is denied a permit to operate

out of a storefront in a commercial zone,

even though nonprofit groups including

fraternal lodges, a dance studio, and a theater

company are permitted in the same zone.

A town’s zoning ordinance requires all

houses of worship to obtain a variance in

order to locate within its borders. While

there are a number of churches already in

town, every applicant for a new house of

worship since the ordinance was adopted

has been denied. 

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A rabbi periodically holds prayer meetings

in his home with 10 to 15 people. He is cited

for zoning violations for operating a house

of worship in a residential zone.

These examples may be violations of the

Religious Land Use and Institutionalized

Persons Act of 2000 (RLUIPA), which protects

individuals, houses of worship, and other religious institutions from zoning and landmarking

laws that substantially burden religious exercise

without a compelling government justification.

RLUIPA also bars the government from applying zoning and landmarking laws in a manner

that discriminates against particular religions,

treats religious assemblies or institutions on less

than equal terms than nonreligious assemblies or

institutions, or unreasonably excludes houses of

worship from a jurisdiction. The Civil Rights

Division is authorized to bring suit to enforce

RLUIPA. If you believe your rights against discriminatory or unduly burdensome zoning and

landmarking laws have been violated, you may

contact the Division’s Housing and Civil

Enforcement Section (contact information

above). More information is available at

www.usdoj.gov/crt/housing.

Religious Exercise of 

Institutionalized Persons

A prison makes no provision for kosher

meals, despite the repeated requests of

three Jewish prisoners who have identified

a low-cost provider of such meals.

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Catholic prisoners seek space in a prison

chapel on Sunday and permission for a

volunteer priest to come in to say Mass,

but are told that they should attend the

nondenominational Christian service run

by the prison’s Protestant chaplain.

A Native American prisoner has his medicine

bag confiscated during intake to a prison,

although other prisoners are permitted to keep

rosary beads, crosses, and other physically

equivalent small religious items.

RLUIPA, discussed with regard to zoning and

landmarking law above, also contains a provision

protecting the religious exercise of inmates and

other persons confined to certain institutions.

RLUIPA requires that actions by officials which

impose a substantial burden on the institutionalized

person’s religious exercise must be justified by a

compelling government interest and must be the

least restrictive means available to achieve that

interest. The Civil Rights Division is authorized

to bring suit to enforce RLUIPA. The Division’s

Special Litigation Section, (202) 514-6255, handles

RLUIPA cases involving institutionalized persons.

The mailing address is: Special Litigation

Section, Civil Rights Division, U.S. Department

of Justice, 950 Pennsylvania Ave., N.W.,

Washington, D.C. 20530. Further information is

available at www.usdoj.gov/crt/split.

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Crimes Against Persons and Property

A mosque is spray-painted with anti-Muslim

graffiti.

Shortly after a Jewish family moves into a

neighborhood, a brick with a swastika and

“get out” painted on it is thrown through

their window. 

A Sikh man wearing a turban goes to a

restaurant, but a group of teenagers loitering

in front tells him that if he tries to enter

wearing the turban they will beat him up.

Three white men intentionally set fire to an

African Methodist Episcopal church on a

Saturday night, and one of them later is

overheard in a bar laughing about the fire

and making racial remarks.

These examples may be criminal violations of

Federal civil rights laws. It is a Federal crime to

injure, threaten, or intimidate people because of their

religion in order to interfere with their exercise of

Federally guaranteed rights such as the purchase or

rental of a home, patronage of public accommodations such as restaurants and theaters, use of public

parks and other facilities, attendance at a school or

college, or participation in government programs,

among others. Federal law also criminalizes arson

and vandalism against houses of worship committed

either because of the race or ethnicity of the group

using the property or, in certain circumstances,

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because of the religious nature of the property. If

you have been the victim of a bias-related crime,

you should call your local police and the nearest

local office of the Federal Bureau of

Investigation. You also may call your local U.S.

Attorney’s office. The FBI and U.S. Attorneys

have publicly listed offices in most major cities.

You also may call the Criminal Section of the

Civil Rights Division at (202) 514-3204. The

mailing address is: Criminal Section, Civil

Rights Division, U.S. Department of Justice, 

950 Pennsylvania Ave., N.W., Washington, D.C.

20530. Further information is available at

www.usdoj.gov/crt/crim.

Federal law also makes it illegal to use force, the

threat of force, or physical obstruction to

interfere with a person’s access to a house

of worship. The Civil Rights Division’s Special

Litigation Section is empowered to bring civil

suits to stop such interference, and to refer cases

for prosecution where appropriate. You can

reach the section at (202) 514-6255, or write to 

Special Litigation Section, Civil Rights Division,

U.S. Department of Justice, 950 Pennsylvania

Ave., N.W., Washington, D.C. 20530. Further

information is available at www.usdoj.gov/

crt/split.

Special Counsel for Religious

Discrimination

In order to coordinate cases involving religionbased discrimination among the various sections
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of the Civil Rights Division, and to oversee

outreach efforts to religious communities, the

Justice Department has created the position of

Special Counsel for Religious Discrimination. If

you are unsure which section of the Civil Rights

Division to contact, or if you have any problems

reaching one of the sections listed above, you

may call the Special Counsel at (202) 514-2151,

or write to: Special Counsel for Religious

Discrimination, Office of the Assistant Attorney

General, Civil Rights Division, U.S. Department

of Justice, 950 Pennsylvania Ave., NW,

Washington, D.C. 20530. Further information

about the Civil Rights Division’s initiatives to

fight religious discrimination is available at

www.usdoj.gov/crt/religdisc/religdisc.html. 
Protecting the Religious Freedom of 

All Americans:

Federal Laws Against Religious

Discrimination

http://www.usdoj.gov/crt

September 2002