Question

As we head into autumn and with recent hires, we anticipate receiving requests for religious accommodation. I’ve heard there are new rules regarding religious accommodations. Could you go over the process of handling these requests?

Answer

Title VII of the Civil Rights Act of 1964 (Title VII) prohibits employers of 15 or more from discriminating against employees or applicants based on their religious beliefs in hiring, firing, and other terms and conditions of employment. Additionally, Title VII requires employers to make efforts to reasonably accommodate employees’ or applicants’ religious beliefs or practices unless doing so would impose an undue hardship upon the employer. Knowing what accommodation to make and when it can be made is challenging for many employers.

Religious Discrimination

In most cases, whether a practice or belief is religious is not an issue. Religion typically concerns “ultimate ideas” about “life, purpose, and death,” while social, political, and/or economic philosophies and mere personal preferences are not “religious” beliefs.

The fact that an individual’s religious beliefs may change over time is essential.

Additionally, individuals may choose to adhere to some tenets of their religion, but not others, and/or individuals may have a sincere belief in a religious practice that other followers of their religion do not observe. Title VII also protects employees or applicants from discrimination if they do not subscribe to religious views and/or are atheists.

Religious discrimination can involve treating someone differently because that person is married to (or associated with) an individual of a particular religion or because of his or her connection with a religious organization or group. An employee may not be forced to participate (or not) in a religious activity as a condition of employment.

Religious Accommodation

Title VII requires covered employers, upon notice of a request, to reasonably accommodate employees whose sincerely held religious beliefs, practices, or observances conflict with work requirements unless the accommodation would create an undue hardship.

What is a religious accommodation?

A religious accommodation is any adjustment to the work environment that will allow an employee or applicant to practice his or her religion. The need for religious accommodation may arise where an individual’s religious beliefs, observances, or practices conflict with a specific task or requirement of the position or an application process. Accommodation requests often relate to work schedules, dress and grooming, or religious expression in the workplace. The employer must grant the accommodation if it would not pose an undue hardship.

What is an undue hardship?

An employer may justify a refusal to accommodate an individual’s religious beliefs or practices if the business can demonstrate that the accommodation would cause an undue hardship. An accommodation may cause an undue hardship if it presents substantial burdens in the overall context of the business.  This is the new standard articulated by the Supreme Court in its 2023 Groff v. Dejoy decision. While this “substantial burden” test is not crystal clear, it certainly means that the cost imposed by the accommodation must be more than the pre-Groff “de minimis” costs test that was in place for 50 years. The hardship on the employer must be genuine and cannot be speculative in nature.

How does a religious accommodation process work?

In requesting an accommodation, an employee or applicant must make the employer aware of the need for an accommodation based on a conflict between the individual’s religious belief or practice and work duties. The employee should make the request orally and/or in writing to an immediate supervisor or human resources.

The request for an accommodation is likely to trigger an interactive dialogue between the employer and employee. This is especially true if the employer reasonably needs more information.  The interactive dialogue occurs between the responsible management official and the individual requesting to discuss the request and assess available options. The employer and the employee are required under the Americans with Disabilities Act (ADA) to enter into these discussions and explore possible accommodations “in good faith.”

Examples of religious accommodations may include:

• Scheduling changes, including time off for religious holidays (note that Massachusetts law requires the employee to give 10 days’ notice of the need for time off for this purpose ;
• Voluntary shift substitutions and/or swaps;
• Job reassignments, and
• Modifications to workplace practices, policies and procedures.

An accommodation may be the designation of an unused or private location in the workplace for prayer or its equivalent (meditation).

The need for accommodations may also apply to dress or grooming practices that an employee follows for religious reasons, such as a Jewish yarmulke or a Muslim headscarf.

Best Practices

Things to consider when responding to religious accommodation requests:

• Employees requesting an accommodation should provide enough information to enable the employer to understand what accommodation is needed and why a religious practice or belief necessitates it.
• Employers do not have to tolerate employees who seek to proselytize in the workplace.
• Employees who are the recipients of unwelcome religious conduct are free to inform the individual engaging in the conduct that they wish it to stop and should report it to a manager.

Resources

AIM members wishing to speak about this or other HR-related matters may contact the AIM helpline at 1-800-470-6277 or helpline@aimnet.org.

For more complex HR Matters, contact AIM HR Solutions to see how one of our consultants can help you. www.AIMHRSolutions.com