Accommodation of Employees' Religious Practices and Beliefs

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October 01, 2014
Author: , Esq.

In a time when religion frequently headlines the daily news, employers and covered entities must be aware that Title VII requires a “reasonable accommodation” for an employee’s religious practices and beliefs.  42 U.S.C. §§ 2000e-2, 2000e(j).  State laws generally provide similar protections.
In accommodating an employee’s religious practices and beliefs, an employer need not offer all possible accommodations or even agree to the employee’s preferred accommodation; rather, the offered accommodation must simply be reasonable.  Accommodation can be accomplished by:

 - Altering work conditions and policies (e.g. flexible work scheduling; voluntary shift swapping; allowing religious head coverings, apparel, or hairstyles; allowing time for prayer).

- Offering a transfer to a similar position in which conflicts with the employee’s religious beliefs and practices may be less likely to occur.

An employee must cooperate with an employer’s accommodation and is not entitled to the accommodation of his choice.  For example, if an employee rejects an offered reasonable accommodation, the employer has likely fulfilled its duty to reasonably accommodate. However, an employer must address all of an employee’s concerns regarding religious beliefs and practices to satisfy this duty.

An accommodation is generally not required if it would result in an undue hardship (something more than a “de minimis” cost or burden) on the employer.  Examples of undue hardship may include:

 - Work place safety concerns.
 - Costly accommodations.
 - Negative impact on other employees.
 - Decreased efficiency.

Cultural and political beliefs generally do not give rise to protection; therefore, there generally is no duty to reasonably accommodate such beliefs.  However, because there is no bright-line rule establishing what is or is not a religious practice or belief, and because it may vary from employee to employee, it is important to consider all religious accommodation requests individually and in light of state and federal law.

The author consulted the EEOC Title VII – Religion Guidance Manual, available at http://www.eeoc.gov/policy/docs/religion.html, in drafting this article.  Visit our author at www.bcblaw.net

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About the author:
Barry L. Chaet is president and shareholder with the law firm of Beck, Chaet, Bamberger & Polsky, S.C., which is now in its 28th year of business. Mr. Chaet is Chair of the Firm’s Labor and Employment Law section. Mr. Chaet received his B.A. from the University of Wisconsin - Madison with distinction and his J.D. from DePaul University College of Law. Chaet worked many years with the EEOC as a Senior Trial Attorney – at EEOC’s Regional Office of General Counsel and at its Milwaukee District Office. Mr. Chaet is Legal Counsel to the Wisconsin Hotel and Lodging Association (WH&LA) and with the Wisconsin Restaurant Association (WRA), responding to labor and employee issues from Association members throughout the state. Chaet also represents and advises clients in a broad range of industries including: manufacturing, banking, retail, transportation, general service industry and health care. Represents and advises employers in litigation matters, in federal and state court and federal and state administrative agencies concerning: Title VII, ADA, ADEA, FMLA, FLSA, ERISA, NLRA, OSHA and state and local regulations related to labor and employment. Chaet provides daily advice on compliance with all employment laws and draft Employment Handbooks, policies and procedures to ensure EEO compliance. Chaet regularly conducts supervisory training programs for clients and has lectured extensively on various labor and employment topics. Chaet has received the Wisconsin Super Lawyers awards every year since 2005. Mr. Chaet is the author of many articles and publications including the “Employment Discrimination Litigation Manual”; Wisconsin Equal Employment Opportunity Law/A Handbook for Employers; contributing author, “Americans with Disability Act Compliance Manual”; writes a regular column for the WRA, Automobile Dealers Association of Metropolitan Milwaukee (ADAMM) and many other organizations.

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