Religious Accommodation Does Not Have to be Employee’s Preferred Request - American Society of Employers - Michael Burns

Religious Accommodation Does Not Have to be Employee’s Preferred Request

Addressing whether or not a request for religious accommodation is reasonable can be a challenge. Employers often believe that the accommodation requested must be met exactly. But it is only the religious practice that requires accommodation. Any non-religious “losses” that occur as a result are not the employer's responsibility.

First, determine whether the accommodation requested is reasonable.  Second, determine if the accommodation creates a loss.  Then the determination can be made as to whether or not the loss needs to be accommodated – often, it does not.Religion written on chalk board

This rule was recently affirmed in a Tenth Circuit Court of Appeals (CO, KS, NM, OK, UT and WY) decision that examined whether an employer discriminated against an employee when they allowed the employee to skip mandatory Saturday work shifts because the employee’s faith held Saturday’s were the Sabbath, and he could not work. The Plaintiff worked for a company that occasionally worked Saturdays and Sundays, and it was mandatory employees work those days.

When the Plaintiff requested being excused from Saturday work because of his religious beliefs, the employer agreed to this as a reasonable accommodation. So far so good. The Plaintiff also requested he be allowed to work on Sunday to get his overtime hours in that were lost because he could not work on Saturday. The employer said no, the company did not have to replace the hours the Plaintiff lost because he did not work on Saturday.

Both the U.S. federal District Court and the Tenth Circuit Court of Appeals ruled that Title VII of the Civil Rights Act of 1964 did not require an employer to adopt an accommodation that makes the employee whole in the event of a loss resulting from an accommodation. The Tenth Circuit explained that a “reasonable accommodation does not necessarily spare an employee from any resulting cost” and “may be reasonable even though it is not the one the employee prefers.”

The accommodation of the Plaintiff in this case was reasonable because it “allowed Mr. Christmon (Plaintiff) to avoid the conflict with his religious beliefs even if he lost the opportunity for overtime.” Christmon v. B&B Airparts, Inc. (5/24/2018)

This case highlights the need for employers to have a mechanism to express and address concerns about possible conflicts with employer rules due to religious issues.

In the case above, the employer is addressing the reasonableness of a religious day off accommodation request. Employers may also be required to address accommodation of prayer breaks, dietary requirements, dress and grooming habits, and religiously motivated objections to training and patriotic programs and other national holidays.

If the employer cannot identify a reasonable accommodation, it must be prepared to defend its decision and prove it creates an undue hardship on the employer. This is the far side of the reasonable accommodation analysis. The Equal Employment Opportunity Commission states that undue hardship can be shown if an accommodation conflicts with another law, if it violates the terms of a collective bargaining agreement, or it “requires more than ordinary administrative costs, diminishes efficiency in other jobs, infringes on other employees’ job rights or benefits, impairs workplace safety, or causes co-workers to carry the accommodated employee’s share of potentially hazardous or burdensome work.”

Additional ASE Resource
CCH HRAnswersNow  ASE members can obtain valuable information about religious and other forms of reasonable accommodation as well as direction on avoiding all types of employment discrimination by accessing CCH HRAnswersNow via the ASE member dashboard. This information is on-line 24/7/365. 

 

Sources: Seyfarth Shaw Employment Law Lookout Tenth Circuit Reaffirms That Title VII Does Not Require Employers to Offer an Employee Their “Preferred” Religious Accommodation 7/10/2018. CCH HR Answers Now, How Far Does an Employer Have to go to Accommodate and Employee’s Religious Beliefs.

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