FAQs on Religious Accommodations
There are several FAQs regarding religious accommodations that the Helpline answers on a regular basis.
Q: Must employers allow employees to have religious holidays off?
A: In most cases, yes, it would have to be allowed. Under Title VII’s protection of an employee’s religion, employers are obligated to provide religious accommodations similar to ADA reasonable accommodation requests. Religious accommodations often present themselves in the form of a request for time off for religious observances which do not conform to the employer’s holiday schedule. Unless this would be an undue hardship, an employer should accommodate such requests in a consistent and non-discriminatory fashion.
Employees should be able to use relevant paid time off benefits consistent with company policies to observe holidays. If an employee has exhausted all paid time off benefits, they should still be accommodated with unpaid time off to observe a religious holiday. If the employer allows flexible work schedules or make-up time, employees requesting time off to observe a religious holiday should be afforded these same options.
Employers unsure of whether an accommodation creates undue hardship should obtain legal advice prior to denying this request. If the employer cannot accommodate the request, the employer should notify the employee as soon as possible that the request cannot be granted and provide its hardship rationale supporting the denial.
Q: An employee states that his religious beliefs preclude his ability to work on Saturdays. Do we have to accommodate his schedule?
A: Generally, employers with 15 or more employees (four or more in NYS) must make reasonable accommodations for employees’ religious observances. Therefore, if you can reasonably accommodate the employee’s request, you must.
Examples of reasonable religious accommodations include: flexible scheduling, voluntary substitutions, job reassignments, lateral transfers, or modification of a workplace practice, policy or procedure. You could allow the employee to “make up” the time off to accommodate the need for Saturdays off or reassign the employee to a job with similar duties, pay and benefits. Employers should make a good faith effort to reasonably accommodate the employee’s request.
However, if an accommodation would cause an undue hardship for the company, the accommodation does not have to be made. According to the EEOC, “an employer can show undue hardship if accommodating an employee's religious practices requires more than ordinary administrative costs, diminishes efficiency in other jobs, infringes on other employees' job rights or benefits, impairs workplace safety, causes co-workers to carry the accommodated employee's share of potentially hazardous or burdensome work, or if the proposed accommodation conflicts with another law or regulation.”
Employers should seek legal counsel to ensure they are properly complying with the regulations regarding reasonable accommodations. For EEOC guidance, see the information on its web site at www.eeoc.gov/types/religion.html.
Source: SHRM
