New CRD Fact Sheet on Religious Discrimination, Accommodations at Work

 Shannon N. Claire  June 4, 2026

Recently, California’s Civil Rights Department (CRD) issued a “Religious Discrimination and Accommodations at Work” fact sheet. This fact sheet provides an overview of religious discrimination protections in California, including how they apply to job applications and interviews, how employees are protected in the workplace, and examples of unlawful treatment and potential accommodations for an applicant’s or employee’s religious beliefs. This fact sheet seeks to help prevent religious discrimination in the workplace and is not mandatory for employers to distribute or display.

In recent years, the CRD has investigated hundreds of religious discrimination complaints in employment, securing over 80 settlements for workers since 2020.

California’s Fair Employment and Housing Act (FEHA) and the Workplace Religious Freedom Act of 2012 (WRFA) protect California employees from experiencing religious discrimination and harassment in the workplace, as well as requiring employers to provide reasonable accommodations for applicants’ and employees’ religious beliefs. These protections also include interns and volunteers.  

Under California law, even the perception of an employee’s or applicant’s religious beliefs, or association with someone (i.e. a friend or family member) who has, or are perceived to have, a particular religious creed or belief are covered.

Religious discrimination or harassment in the workplace can take many forms. The CRD’s examples include:

  • Mocking an employee by making loud noises to disrupt them when they are engaged in silent prayer in the breakroom.

  • Passing over a qualified employee for a promotion based on religious stereotypes about having large families and potentially making requests for parental leave.

  • Refusing to let a Jewish person wear a Star of David necklace when other jewelry is allowed.

  • Changing an employee’s shift to an undesirable time because the employee complains that certain music played during work hours goes against their faith as a Jehovah’s Witness.

The CRD also provides examples of religious accommodations that employers can provide, including:

  • Scheduling a job interview to avoid conflict with the applicant’s prayer time;

  • Scheduling an employee such that their day off coincides with the employee’s attendance at religious services or observance of their holy day; and

  • Permitting an employee to deviate from the employer’s dress code or grooming standards to align with the employee’s religious practices.

As with reasonable accommodations related to an employee’s disability, when an employee requests a religious accommodation, the employer is obligated to engage in the interactive process with the employee to explore potential accommodations.

If employers think a religious accommodation may cause an undue hardship, they should consult legal counsel.

Shannon N. Claire, J.D., Employment Law Subject Matter Expert, CalChamber

CalChamber members can read more about Religious Discrimination in the HR library. Not a member? Learn how to power your business with a CalChamber membership.

Using REAL ID vs. NonREAL ID for Form I-9 Documentation

 HRWatchdog  May 26, 2026

A new hire provided their nonREAL ID driver license for their Form I-9 documentation. Can I use this to satisfy the I-9 documentation requirement?

Yes. See the discussion below.

REAL ID Status

Congress passed the REAL ID Act in 2005 to improve security requirements for identification. As a result, states issued driver licenses and identification cards that complied with the REAL ID Act.

After multiple delays, the Transportation Security Administration (TSA) issued a final rule with enforcement beginning May 7, 2025. The rule said federal agencies may use a phased enforcement approach if they deem it appropriate.

Starting May 7, 2025, if a person is using a state-issued driver license or identification card to board a commercial domestic aircraft within the United States or for other federal purposes (for example, entering secure federal facilities, such as military bases or federal courthouses), then the license or ID card must be REAL ID-compliant.

In California, there are both REAL ID-compliant cards and noncompliant cards. Noncompliant cards state on the front “FEDERAL LIMITS APPLY” and on the back “This card is not acceptable for official federal purposes … It does not establish eligibility for employment.”

Form I-9 Requirements

The Form I-9 states that employees may present a document from List A or a document from both List B and List C. Documents from List A establish both identity and employment authorization. Documents from List B establish only identity. Documents from List C establish only employment authorization.

A driver license or identification card from a state is considered a List B document that establishes only identity. The U.S. Citizenship and Immigration Services (USCIS) explains, “Some states may place restrictive notations on their licenses. For Form I-9 purposes, you may accept these licenses.” (See USCIS I-9 Central: Form I-9 Acceptable Documents, List B Documents – Identity).

The California Department of Motor Vehicles states that a nonREAL ID “may be used as photo identification, but not as evidence of legal presence in U.S. Additional documentation may be required.” In this case, the ID is being used for photo identification or to establish identity.

Despite other federal prohibitions, nonREAL ID driver licenses and identification cards may be used for Form I-9 identification purposes. (See U.S. Citizenship and Immigration Services, I-9 – AB 60 Driver’s Licenses (FOIA document)).

Conclusion

Employers can accept either the nonREAL ID or the REAL ID driver license or identification card for Form I-9 identification purposes. Employers must examine the document the employee presents to determine if it meets Form I-9 requirements.

Ashley Huynh, Employment Law Expert, CalChamber

CalChamber members can read Completing the Form I-9 in the HR Library. Not a member? Learn how to power your business with a CalChamber membership.

 Protecting Workers from Wildfire Smoke: Safety Reminders for California Employers

 James W. Ward  May 21, 2026 505

Wind and dry conditions have contributed to several wildfires springing up in California this week, jumpstarting California’s peak fire season. Though wildfires are a year-round danger in California, peak fire season generally runs from May through late October or November — but it can start earlier, unfortunately, as it did this year with the Springs and Crown fires that hit Southern California in April.

Not only do wildfires create immediate danger to surrounding areas within reach of the actual flames, but they also create substantial long-range air quality hazards with smoke spreading harmful chemicals, gases and fine particles over long distances. When wildfire smoke drifts into workplaces, it’s important for employers to review their obligations to protect workers from unhealthy air under the Division of Occupational Safety and Health’s (Cal/OSHA) wildfire smoke regulation.

Employers whose workplace may be affected by wildfire smoke are required to comply with the regulation unless:

  • The worksite is a completely enclosed building or vehicle with mechanical ventilation, windows and doors that remain closed except when necessary to enter and exit the building or vehicle; or

  • The employee’s exposure is limited to one cumulative hour or shorter during their shift; or

  • The employee is a firefighter engaged in wildland firefighting.

Employers covered by the regulation must monitor the Air Quality Index (AQI) for levels of a particulate matter called PM 2.5, which consists of fine inhalable particles that are 2.5 micrometers wide — about 1/30 the width of a human hair — that can cause serious health problems.

Employers can monitor AQI through the U.S. Environment Protection Agency’s AirNow website, amongst other resources.

If the AQI for a worksite exceeds 150 for PM 2.5, employers must:

  • Inform employees of the AQI and protective measures available to them.

  • Provide training and instruction on the information described in section 5141.1 Appendix B of the regulation.

  • Immediately act to reduce worker exposure to wildfire smoke by relocating workers either to an enclosed building with mechanical filtration or to another outdoor location where the AQI for PM 2.5 is lower than 150, if feasible.

Additionally, when the AQI for PM 2.5 is between 151 and 500, employers must offer — for voluntary use — respiratory equipment such as N95 masks. If the AQI for PM 2.5 exceeds 500, respirator use is mandatory, and employers must ensure a proper mask fit so that the worker is medically able to wear a respirator while working.

As we move into summer, employers that may be impacted by wildfire smoke should review their procedures to ensure they are prepared. Cal/OSHA maintains a wildfire safety resource page with more information about complying with the regulation.

James W. Ward, J.D., Employment Law Subject Matter Expert/Legal Writer and Editor, CalChamber

CalChamber members can read more about the Wildfire Smoke Regulation in the HR Library. Not a member? Learn more about how HRCalifornia can help you.