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Religious Accommodation…Keeping the Balance

Guest post by: Jennifer Loftus

Article Overview: For many, religion is a private and sacred part of their lives. Still, this delicate subject impacts an employee’s professional life and his / her organization. Many organizations are quite conscious of the sensitivity needed when addressing employees’ requests for religious accommodation. However, some organizations are not aware of how to keep a balance between satisfying their employees and keeping the organization productive. This edition of Astronology takes a closer look into the topic.

Religious Accommodation…Keeping the Balance

For many, religion is a private and sacred part of their lives. Still, this delicate subject impacts an employee's professional life and his / her organization. Many organizations are quite conscious of the sensitivity needed when addressing employees' requests for religious accommodation. However, some organizations are not aware of how to keep a balance between satisfying their employees and keeping the organization productive. This edition of Astronology takes a closer look into the topic. Religious Accommodation: What is it Really?

The topic of religious accommodation stems from Title VII of the Civil Rights Act of 1964. This law prohibits an employer from discriminating against an employee due to his / her religion. In short, employers

• Must treat employees fairly, no more or less favorably than any other employee due to their religions,

• Must take measurable steps to prevent religious harassment,

• Must do what they can to reasonably accommodate the employee in regards to his / her religious standing as long as it does not hinder the employer,

• Cannot retaliate against an employee for enforcing his / her rights under Title VII, and

• Cannot require or restrain an employee from participating in a religious activity in connection with his / her employment.

As mentioned above, Title VII requires that employers "reasonably accommodate" the religious practices of their employees. The phrase "reasonably accommodate" means that the employer accommodates all employees' religious needs in the context of not causing a conflict between the employee's employment and religious obligations.

For instance, perhaps an employee needs a particular day off for a religious observance, or may even need to refrain from work every week on his or her Sabbath. For such situations, employers can make accommodations such as shift swapping between employees, voluntary assignment substitutes, and/or flexible scheduling. In the instance where an employee is a Friday night Sabbath participant, the employer could permit the employee to work a compressed workweek Monday through Thursday in order to leave early on Friday. Whatever the solution, an employer cannot refuse to accommodate an employee for religious purposes if there is a feasible solution to the request. However, if the request for accommodation is not feasible for the employer, resulting in "undue hardship," an employer would have to provide such proof along with the denial of the request.

Many employers are not aware of the definition of "undue hardship." The EEOC has determined that "undue hardships" are requested accommodations that:

• require more than ordinary administrative costs,

• diminish efficiency in other jobs,

• infringe on others' rights,

• impair safety to the organization, and/or

• conflict with another law or regulation.

Scenarios

Thinking critically on various delicate scenarios can help test if you have a broad understanding of what Title VII requires of you as an employer. Pencils at the ready!

Scenario 1

You work for an employer with an office that enforces a dress code of "professional appearance." Among the employees is one who due to his religion possesses a beard. Does Title VII overrule the dress code in this situation?

Yes it does. Generally, employers must accommodate employees who wear beards for religious purposes. The dress code implies that your interest as an employer is only for a neat, "professional appearance." The beard does not cause "undue hardship" to you as an employer. An exception for a no-beard policy would emerge if the policy were in the interest of safety. Examples of this safety exception include jobs that use breathing masks requiring a clean fit, or hygiene issues such as found in restaurants or food production.

Scenario 2

An employee submits a request for a day off in regards to a yearly religious observance. This particular employee has a considerable amount of responsibility and is integral to certain group projects and high, in-demand tasks. After investigating accommodations, you (the employer) have found a solution that could work. On the requested day off, you can split up the employee's work responsibilities among other team workers. Although you are sure one or two other employees may not be happy with the extra workload for that day, you can determine that it will not impair these employees from their usual responsibilities. Does this solution cause "undue hardship," or is it an example of favoritism?

No, the accommodation does not show undue hardship or favoritism. While employers are concerned with employee satisfaction and showing impartiality to employees, because this change is the result of a request for a religious accommodation, this solution does not fall under the categories of favoritism or "undue hardship." The EEOC used a similar scenario in regards to an employee requesting a day off (or a scheduled period of time out of the workplace) to deal with a serious illness. In that situation, although another employee may not be happy with the extra workload, if the change does not hinder productivity in his or her own responsibilities, then the employer has reached an accommodating solution.

In summation, while many may view religion as a private and personal topic, employees' religious views and responsibilities may require them to request occasional support from their employer. Employers should proactively accommodate these employees, as they are valued team members working within their legal rights. By reviewing the laws and checking your own organization's policies with respect to religious accommodations, employers and employees can find a happy balance that will permit an organization to remain functional and grow!

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Article Tags: astronology, br, civil rights act, civil rights act of 1964, closer look, conflict, phrase, professional life, religion, religions, religious accommodation, religious activity, religious harassment, religious obligations, religious observance, religious practices, sabbath, title vii of the civil rights act



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