HR Solutions Weblog

RELIGIOUS ACCOMMODATION IN THE WORKPLACE – HOW MUCH AND WHEN?

How should an employer respond when a religious accommodation is requested?   HR  Solutions, LLC suggests you discuss the employee's specific bona-fide  religious needs and accommodations options with them.  We also believe it is critical to completely understand the specific religious requirements of the employee’s religion – all easy information to access via internet or a phone call.  However, employees do not have to justify or prove their religious belief to the employer; but the employer is required to accommodate – subject to undue hardship – any of the employee’s sincerely held religious beliefs. When considering potential accommodations, you should evaluate any impact an accommodation would have on your company and determine whether it fully eliminates the conflict.   Let’s review the law:

Title VII of the Civil Rights Act of l964 (“Title VII”) prohibits employers from discriminating against individuals because of their religion in hiring, firing, and other terms and conditions of employment. Title VII also requires employers to reasonably accommodate the religious practices of an employee or prospective employee, unless to do so would create an undue hardship upon the employer.  This means that:

• Employers may not treat employees more or less favorably because of their religion.
• Employees cannot be required to participate—or refrain from participating—in a religious activity as a condition of employment.
• Employers must reasonably accommodate employees’ bona-fide held religious practices unless doing so would impose an undue hardship on the employer.
• Employers must take steps to prevent religious harassment of their employees.

But the burden to accommodate isn't always entirely on the employer!  A good-faith attempt to meet their religious requirements must be made by the employee within their religious guidelines first.  Note that employers aren't required to give the employee his preferred accommodation just to meet religious needs.  Often, a special request for religious accommodation is too burdensome for a small business and a reasonable “half-way” request may be all the company is capable of giving.  It is then the employee’s responsibility to be flexible as possible in a mutual good faith negotiation with the employer.  

Religious accommodations for work schedules
The most common religious accommodation conflicts occur over work schedules.  You may need to deviate from your standard scheduling practices slightly;  however, I wouldn’t do so until you have verified that this is a true bona-fide requirement of the religion.

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.