Overview: Under Title VII, as well as various state and local laws, employers are required to engage in the interactive process and reasonably accommodate an individual's religious practices or beliefs unless doing so would cause more than a minimal burden on the employer. Reasonable accommodations include flexible scheduling, swapping shifts and allowing accommodations in the dress code policy so that an employee may wear religious clothing such as a head covering.
When engaging in the interactive process with an employee or applicant seeking a religious accommodation, it is permissible for the employer to seek additional information regarding the religious practice or requirement. In order to obtain a religious accommodation, an individual must demonstrate that the practice is religious in nature and his or her beliefs are sincerely held.
Trends: Religious accommodation is a hot topic. In 2014, the EEOC issued updated guidance for employers regarding providing employees with religious accommodations when it comes to dress codes, grooming and appearance. The guidance covers clothing as well as hairstyles and facial hair. Therefore, it is a best practice for employers to carefully consider all relevant and reasonable accommodations whether it be an accommodation to a dress code policy, a schedule change or other accommodation. There has also been a focus on religious accommodation at the state level. For example, California recently adopted a law which explicitly requires employers to make accommodations to employees based on religion, unless doing so would cause the employer undue hardship which is defined as a significant difficulty or expense (a higher burden than the federal standard under Title VII). Employers should be stay current with the requirements in their state and aim to provide religious accommodations if feasible. Further, employers should recognize that recent federal cases suggest that an employer may be able to avoid liability for religious discrimination by engaging in the interactive process with employees and providing reasonable accommodations based on religion.
Author: Beth P. Zoller, JD, Legal Editor
In EEOC v. Abercrombie & Fitch Stores, Inc., the US Supreme Court held that an applicant seeking to establish a religious discrimination claim based on a failure to accommodate is not required to show that the potential employer had knowledge of the individual's need for an accommodation.
In EEOC v. Abercrombie & Fitch, the Supreme Court has ruled that a Muslim woman can move forward with her religious discrimination lawsuit against Abercrombie & Fitch under Title VII of the Civil Rights Act. The woman, who wears a hijab, claimed she was denied a job because of the company's appearance policy.
North Dakota retail establishments seeking to inform employees, including supervisors, about day of rest and religious accommodation requirements should consider including this model policy statement in their handbook.
The US Supreme Court's new term begins today and includes a number of cases with significant employment law implications, including a pregnancy accommodation dispute, a religious discrimination case involving Abercrombie & Fitch and more.
Georgia employers seeking to show their compliance with Georgia's Common Day of Rest Act (CDRA) should consider including this model policy statement in their handbook.
Employers covered by Title VII and seeking to advise employees of their right to seek accommodations based on religion should consider including this model policy statement in their handbook.
The Equal Employment Opportunity Commission (EEOC) has released two new publications instructing employers with regard to employee religious garb and grooming in the workplace: a lengthy Question and Answer Guide as well as a Fact Sheet on religious discrimination and accommodation. The EEOC notes that this guidance comes after a marked increase in the number of religious discrimination lawsuits.
The Equal Employment Opportunity Commission (EEOC) has reached a settlement in two religious discrimination lawsuits over retailer Abercrombie & Fitch's "Look Policy," a dress code that prohibited employees from wearing hijabs or religious headscarves. As part of the settlement, Abercrombie will pay $71,000 plus attorney fees and revise its dress code policy.
A recent decision from a federal district court in California provides important lessons for employers when it comes to religious accommodations. Essentially, it requires the employer to present concrete evidence of undue hardship should it refuse to grant a request for a religious accommodation.
HR guidance on types of reasonable accommodations based on religion and how to engage in the interactive process when an employee or applicant requests an accommodation based on religion.