 |
|
HR Hot Topics |
Religious Accommodation
Title VII of the Civil Rights Act of 1964 (Title VII) prohibits discrimination, harassment, and retaliation based on an employee's religion. The U.S. Supreme Court has defined "religious belief" as a belief that is both "religious" in the employee's own scheme of things and sincerely held by the employee. Thus, the law's protection extends beyond "traditional" religions. Related articles on Religious Accommodation Title VII also requires employers to "reasonably accommodate" religious beliefs, practices, and observances unless "undue hardship" would result. The Supreme Court has defined "undue hardship" as expending more than a minimal effort or expense. This is much more favorable for employers than the standard under the Americans with Disabilities Act (ADA). Since that ruling, however, the Equal Employment Opportunity Commission (EEOC) and many courts have applied a more stringent test, placing in question the precise standard to be applied. Request for religious accommodationWhen a religious accommodation is requested, you should discuss the employee's religious needs and accommodation options with him. When considering potential accommodations, you should evaluate any impact an accommodation would have on your company and determine whether it fully eliminates the conflict. But the burden to accommodate isn't always entirely on the employer. An employee must make a good-faith attempt to meet his religious needs through the accommodations offered by the employer. Note that employers aren't required to give the employee his preferred accommodation. A request that is too burdensome to accommodate fully will have to be negotiated to a reasonable substitute and it is the employee’s responsibility to meet the employer halfway in any negotiations. Religious accommodations for work schedulesConflict between an employer's work/production schedule and an employee's religious practices and beliefs is probably the most common source of religious accommodation issues. You might have to bend your attendance rules to accommodate an employee's religious practice or beliefs under Title VII. The U.S. Supreme Court has ruled that you need not violate a valid labor contract, force other employees to work undesirable shifts, or hire substitute or replacement workers if that accommodation would require more than a minimal monetary cost. Religious accommodations for dress codes and employee appearanceAn employee must show that alternative clothing or hairstyle is a necessary part of a sincerely held religious belief. In general, you must reasonably accommodate an employee's religious beliefs by relaxing the application of your ordinary dress code unless that would cause an undue hardship. You may require uniforms to help customers identify staff or for other legitimate business reasons. When those interests can still be served even though an employee requests an accommodation (e.g., wearing a scarf in addition to the uniform), the accommodation should be granted. Safety issues like the prohibition of wearing loose garments around machinery, however, don't need to be overlooked for the sake of accommodation. Employees who need to wear insignia of various sorts because of religious needs generally should be permitted to do so as long as the items don't pose safety risks, detract from the business purpose of the uniform or dress requirement, or otherwise disrupt the workplace.
Related articles on Religions Accommodation from the State Employment Law Letters
|
designates additional valuable resources available exclusively to Employment Law Letter subscribers