The Upcoming Holidays-Tips on Religious Accommodation

With the holidays quickly approaching I am sure we will start getting our usual calls regarding the obligation an employer may have for religious accommodation. First, and foremost, employers should understand that the law currently does not require an employer to provide a religious accommodation if doing so would pose an “undue hardship” but understand the burden will be on the employer to demonstrate undue hardship. Take the following into consideration:

 “Undue hardship” shall mean “an accommodation requiring significant expense or difficulty (including a significant interference with the safe or efficient operation of the workplace or a violation of a bona fide seniority system).” Factors to be considered in determining whether the accommodation constitutes an undue economic hardship shall include, but not be limited to:

• The identifiable cost of the accommodation, including the costs of loss of productivity and the cost of retaining or hiring of employees or transferring of employees from one facility to another, in relation to the size and operating cost of the employer.
• The number of individuals who will need the particular accommodation to a sincerely held religious observance or practice, and
• For an employer with multiple locations, the degree to which the geographic separateness or administrative or fiscal relationship of the facilities will make the accommodation more difficult or expensive.

Now, keep in mind, the liability for the failure to provide an accommodation may include reinstatement, back pay, compensatory and punitive damages and attorney’s fees. Employers should take caution when determining whether or not a religious accommodation is a “reasonable” one or whether it causes an “undue hardship”. 

Employers should consider taking the following actions to help ensure they are not in any violation:

• Review their procedures and policies, particularly those that prohibit religious discrimination, govern requests for religious accommodation, and/or set requirements with respect to personal appearance (dress code policies);
• Review job descriptions to ensure that the essential functions of each position are described accurately; and
• Review the need to provide religious accommodations with Human Resources or call us to help ensure supervisors understand the need to engage in an individualized interactive process with employees who request religious accommodations and consider relevant factors before granting or denying a request.
• Be aware that a request for a religious accommodation, which might have been denied in the past, may need to be revisited to ensure compliance.

Employers should ensure that all requests for religious accommodation are analyzed on an individual basis and ensure that all applicable policies are carefully reviewed.