All knowledgeable employers are aware that religion is a protected characteristic under Title VII of the Civil Rights Act. While not the most common issue in the workplace — religious discrimination claims were 4.1% of all claims filed with the EEOC in 2024 — employers should still be aware of the pitfalls that can come with dealing with religion in the workplace.

One of the most common ways employers get themselves in trouble with religion in the workplace is by failing to have and follow processes for religion accommodation requests.

What is a Religious Accommodation?

Under the law, a religious accommodation is simply an adjustment to a work requirement that allows an employee to observe their religious beliefs. An employee only needs to have a sincerely-held religious belief to be entitled to a religious accommodation.

Title VII covers a wide range of religious beliefs, including those that are new, uncommon, not part of a formal church or sect, or only held by a small number of people. A religious practice may also be deemed sincerely held by an employee even if it is newly adopted, not consistently observed, or different from the commonly followed tenets of the religion. Further, employers cannot retaliate against employees for seeking or using a religious accommodation.

Religious accommodations can include actions such as changing an employee’s schedule so that they can attend religious observances or providing a flexible work and break schedule to accommodate religious obligations and practices such as daily prayers or Sabbath observance. Another common religious accommodation is making exceptions to dress and grooming policies for religious purposes, which includes allowing employees to wear religious head coverings, have facial hair, or carry religious-related objects.

Making the Determination on Religious Accommodations

Similar to the Americans with Disabilities Act (ADA), an employer can deny a religious accommodation if it determines it would cause an undue hardship on the business.

In the U.S. Supreme Court case, Groff v. DeJoy (2023), the Court ruled that the employer has to demonstrate that the requested accommodation would impose a substantial burden on business operations in order to prove undue hardship. Denial of a religious accommodation based on minimal costs or inconvenience is not sufficient.

As such, when assessing undue hardship regarding religious accommodations, some factors employers should consider are:

• Financial Costs: Would the religious accommodation result in excessive or substantial unexpected expenses for the employer?
• Impact on Other Employees: Would granting the religious accommodation place an unfair workload on coworkers or substantially lessen employees’ morale?
• Operational Effect: Would the religious accommodation substantially impact the operation of the business, including but not limited to disrupting workflows, reducing productivity, or interfering with the employer’s deadlines?
• Safety in the Workplace: Would the religious accommodation interfere with established safety processes and procedures in the workplace?

Establish a Process for Handling Religious Accommodation Requests

Employers should have set policies and procedures for handling religious accommodation requests.

Making the Request for Religious Accommodation

When an employee requests a religious accommodation, the employer should follow a process similar to the process for reasonable accommodation requests under the ADA. An employer can implement forms that employees complete to request a religious accommodation. This form can request certain information from the employee that will assist the employer in understanding the nature of the request, as well as whether there is an undue hardship. That information can include (1) the requirement or policy that conflicts with the employee’s sincerely-held religious belief or practice, (2) the nature of the sincerely-held religious belief that conflicts with that requirement or policy, and (3) the accommodation or modification requested, or any alternative accommodations that would address the conflict.

Keep in mind, the law does not require an employee to provide the request in writing. A verbal request for a religious accommodation is sufficient to trigger the employer’s obligation under the law. In those instances, employers can gather the same information through the interactive process.

Engaging in the Interactive Process

Once an employee has requested a religious accommodation, the employer should engage in an interactive process with the employee to evaluate the request, gather additional information, if needed, and determine what religious accommodation can be provided. The interactive process is aimed at understanding the employee’s needs and exploring possible accommodations. When determining if the religious accommodation can be provided, the employer will also assess undue hardship. The employer has the burden of proof to show that an undue hardship exists.

During this process, it is important to make sure that all considerations made and steps taken during the interactive process are documented thoroughly. Documentation provides a clear record of the employer’s good-faith efforts to accommodate the employee. This can be essential if the decision or process is ever challenged.

After approving or denying the religious accommodation, the employer needs to inform the employee of the decision.

Training Staff on the Religious Accommodation Process and Legal Requirements

In addition to having a thorough process and procedures for handling religious accommodation requests, employers should also ensure that supervisors and human resources staff are well-trained in handling these types of requests. Training should cover Title VII requirements and highlight religious protections in the workplace. The training should also detail the processes and procedures that the company has put in place, which should be followed in the event of a religious accommodation request.  

In Conclusion

Navigating religious accommodations in the workplace requires a proactive and informed approach. While religious discrimination claims are not the most frequent, a failure to properly address accommodation requests can lead to significant legal and operational challenges. By establishing and consistently following a clear process for handling religious accommodation requests, employers can uphold their legal obligations under Title VII of the Civil Rights Act and promote a culture of respect for diverse beliefs.

By: Cara Sheehan, Esq.

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