Religious Accommodation in the Workplace

Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against employees and job applicants on the basis of religion. Additionally, employers have a duty to provide reasonable accommodations when possible for an employee's religious beliefs.

"Religious Practices" Under Title VII

Title VII defines religious beliefs broadly. Congress did not want to place the courts in the position of determining what a valid religious practice is, given the First Amendment implications of such a position. Thus, the definition of "religious beliefs" includes:

• All aspects of religious observance, practice and belief
• The practices do not have to be acceptable, widely-held, logical or comprehensible
• The practices do not have to be formally required by the religion so long as they are motivated by the religious belief

In any claim of religious discrimination in which the employee is seeking a reasonable accommodation, the first step the plaintiff must take is showing he or she has a sincerely- held religious belief. Generally, the court will consider the credibility of the plaintiff and look at the consistency of the plaintiff's actions based on that belief. For example, does the plaintiff regularly attend church services or observe a certain religious practice.

Reasonable Accommodations

Before an employee may bring a claim for religious discrimination against an employer, the employee must notify the employer of his or her beliefs. Then the employer has a duty to determine whether or not a reasonable accommodation can be made for the employee for his or her religious beliefs.

Reasonable accommodations do not have to meet every demand made by an employee nor do they have to provide a perfect solution. Employers do not have to provide reasonable accommodations in situations where doing so would create an undue hardship on the conduct of business. Courts generally have defined "reasonable accommodations" quite broadly and most measures taken by an employer are likely to qualify.

The Equal Employment Opportunity Commission (EEOC) enumerated certain religious beliefs or practices that may call for a reasonable accommodation by an employer, including:

• Observance of religious holidays and the Sabbath
• Prayer breaks during the workday
• Dietary requirements
• Time off to observe mourning periods for the loss of a loved one
• Policies to allow for certain dress and grooming practices

To learn more about the possibility of filing a claim for religious discrimination against an employer, seek the advice of an experienced employment law attorney in your area.

Meeting with Your Employment Law Attorney

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Meeting with Your Employment Law Attorney

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