Article Summary:
If an employee informs the employer of a job requirement that conflicts with a religious belief or observance, the employer must either provide a reasonable accommodation or be prepared to demonstrate that doing so would create undue hardship.
As faith takes on greater significance and religious diversity increases, employers are struggling to understand how to respect their employees' religious convictions and comply with federal and state laws on religious discrimination and accommodation.
Religious discrimination is prohibited under Title VII of the Civil Rights Act of 1964 and the employment law statutes of 49 states. This prohibition covers all aspects of employment: hiring, discharge, promotions, demotions, compensation, leave policies, layoffs and other employment actions. Title VII covers employers with 15 or more employees; state laws generally cover employers with fewer employees.
Under Title VII, "religion" includes all aspects of religious observance, practice and belief, unless the employer demonstrates that it cannot reasonably accommodate an employee's or prospective employee's religious observance or practice without undue hardship. The definition of "religion" includes traditional beliefs of large groups such as Catholics or Muslims and unconventional religious beliefs of small groups such as the neopagan Wicca.
Many claims of religious discrimination arise from the alleged failure of an employer to accommodate an employee's religious observance.
If an employee informs the employer of a job requirement that conflicts with a religious belief or observance, the employer must either provide a reasonable accommodation or be prepared to demonstrate that doing so would create undue hardship. Some common accommodation requests include requests for time off to observe a religious holiday, requests not to work on Saturday or Sunday, and requests to deviate from the employer's dress code.
Examples of what courts consider to be reasonable attempts at accommodation include:
- Meeting on several occasions with the employee to seek a resolution
- Accommodating the employee's observance of religious holidays whenever possible
- Attempting to find a volunteer to swap shifts with an employee
- Attempting to transfer the employee to another job in the company.
The accommodation provided does not have to be the one the employee prefers. Instead, the accommodation merely needs to remove the conflict between the job requirement and the employee's religious observance or practice. An employer does not have to provide any accommodation that creates safety hazards or involves more than minimal expenses. The question of whether an employer must provide a religious accommodation is determined on a case-by-case basis, and employers should consult with counsel to ensure that they are in compliance with federal and state employment laws.
This information should not be relied upon as a substitute for individual legal advice.
Allan W. Brown is a Member in the Employment and Labor Department of Eckert Seamans Cherin & Mellott. His practice focuses exclusively on representing businesses in employment matters. He regularly defends employers in federal and state courts and before the National Labor Relations Board, Equal Employment Opportunity Commission, Occupational Safety and Health Review Commission and other administrative agencies. He has extensive experience drafting and reviewing employment policies, handbooks and employment contracts. For more information, see www.eckertseamans.com.
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