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Religious Accommodation in the Holiday Season
Practical Law Legal Update 9-523-0317 (Approx. 5 pages)
Religious Accommodation in the Holiday Season
by PLC Labor & Employment
| Published on 11 Dec 2012 • USA (National/Federal) |
This Legal Update highlights pertinent resources about employers' legal obligations related to religious celebration and observance.
While the holiday season is a time for celebration, it is also one that can cause employers confusion about their obligations regarding employees' religious observance requests. This is particularly true if an employee's request to observe a religious holiday falls outside of official office closure days. An observance request may not be limited to time off of work, however; it can include a variety of deviations from normal work expectations, including exceptions to dress code standards, modifications of hours of work and authorization of various expressions of religion in the workplace. Religious expressions may include displaying religious symbols at work stations or proselytizing.
To minimize the risk of claims of religious discrimination or failure to accommodate a sincerely held religious belief, employers must be aware of and comply with their obligations under Title VII of the Civil Rights Act of 1964 (Title VII), as well as applicable state laws. PLC's resources on religious discrimination and accommodation can help employers promote compliance and avoid litigation. Specifically included here are excerpts from PLC Labor & Employment's Practice Note, Religious Discrimination and Accommodation under Title VII to help employers understand their obligations in this area of the law.
Covered Employers and Religions under Title VII
Most private employers that employ 15 or more employees are covered under Title VII (see Practice Note, Religious Discrimination and Accommodation under Title VII: Title VII Coverage). Religion is defined broadly under Title VII to include all aspects of an individual's belief, observance and practice (42 U.S.C. § 2000e(j) (2011)). Under this definition, religion includes organized religions, such as:
- Christianity.
- Judaism.
- Islam.
- Buddhism.
- Hinduism.
Religion also includes unorganized religions and less common systems of belief. For more information on the definition of religion under Title VII, see Practice Note, Religious Discrimination and Accommodation under Title VII: Religion Defined under Title VII.
Duty to Accommodate Sincerely Held Religious Beliefs under Title VII
Title VII requires employers to reasonably accommodate an applicant or employee's sincerely held religious belief, unless it would cause an undue hardship (see Practice Note, Religious Discrimination and Accommodation under Title VII: What is an Undue Hardship?) on the employer's business (42 U.S.C. § 2000e(j) (2011)). To satisfy this requirement, the employer has the burden of either:
- Making a reasonable accommodation.
- Showing that an accommodation would impose an undue hardship on the employer's business.
To request an accommodation, the individual need not use special words or specifically refer to Title VII or an accommodation. Instead, he can use plain English. The individual, however, must provide enough information to appraise the employer:
- Of the need for a religious accommodation.
- That the accommodation is needed because of a conflict between the individual's religion and his work requirements.
Additionally, although the applicant or employee generally must initiate the request for an accommodation, there is an exception when the employer has notice of:
- The applicant's or employee's religious needs.
- The conflict between his religious practices and job requirements.
In that event, the employer should explore the possibility of making a reasonable accommodation, for example, by discussing the conflict and possible accommodations with the employee, even if the employee does not request an accommodation.
Employers should also check state anti-discrimination laws concerning duty to accommodate religious beliefs (see Anti-discrimination Laws: State Q&A Tool).
What is a Reasonable Accommodation?
An employer can meet its obligation by offering a reasonable accommodation to the applicant or employee that resolves the conflict between the individual's religious beliefs or practice and his job requirements. Employers commonly meet this obligation by either:
- Changing the working conditions that conflict with the individual's beliefs or practices. For example, if an employer has a dress code prohibiting employees from wearing headwear but an employee wears a turban for religious reasons, the employer can provide a reasonable accommodation by revising its dress code policy or making an exception to the policy to allow the employee to wear his turban at work. For a model dress code policy, see Standard Document, Dress Code and Grooming Policy.
- Transferring the employee to a reasonably comparable position where conflicts are less likely to arise. For example, an employer can provide a reasonable accommodation by allowing an employee who observes the sabbath to transfer to a shift that does not require him to work during his sabbath. For observance of a particular religious holiday, an employer can allow an employee to temporarily change his shift to observe that holiday.
Reasonable accommodations come in many forms. Examples include:
- Modified schedules that permit applicants and employees to engage in or observe religious practices, such as:
- permitting voluntary schedule swaps between employees; or
- job reassignments to a different shift or schedule.
- Permitting religious expression in the workplace, such as allowing employees to display religious symbols at their work stations or proselytizing, unless it is harassing to other employees.
- Making exceptions to a dress code policy to permit employees to wear religious attire or symbols, such as rosary beads, hijabs, turbans and yarmulkes. For a model dress code policy, see Standard Document, Dress Code and Grooming Policy.
Other Religious Discrimination Prohibited by Title VII
In addition to imposing reasonable accommodations obligations, Title VII generally prohibits religious discrimination in the same way as it prohibits discrimination based on other protected class characteristics (see Practice Note, Discrimination under Title VII: Basics). Specifically, Title VII prohibits a broad range of discriminatory employer conduct based on an individual's beliefs or practices, including:
- Refusing to hire an applicant.
- Terminating an employee, including constructive discharge.
- Refusing to promote an employee.
- Demoting an employee.
- Discriminating regarding an employee's compensation, terms, conditions or privileges of employment, such as transfer, access to training or access to employment.
- Classifying or segregating employees in a way that:
- deprives the employees of employment opportunities; or
- adversely affects their status as employees.
- Making statements in job advertisements that indicate a preference or limitation based on religion.
- Refusing or failing to prevent or eliminate harassment.