Private employers with more than 15 or more employees, as well as employment agencies, labor organizations, and all levels of government employers, are covered under Title VII of the Civil Rights Act. Under the Act, qualifying employers must provide reasonable accommodations for employees’ religious beliefs, practices, and observances. The only exception to this is when doing so would create an undue hardship on the business.
Although the requirement seems fairly straightforward, employers often make common mistakes when responding to requests for accommodation. These errors can lead to discrimination legal claims, conflict in the workplace, and expensive litigation. Below, our Knoxville employment discrimination lawyer outlines the common mistakes so you can avoid them.
Ignoring or Delaying an Employee’s Request for Accommodation
Employers often fail to acknowledge or respond promptly to an employee’s religious accommodation request. Workers are not required to submit their request in writing or to use specific terminology when making it. Employees can simply state that a workplace policy conflicts with sincerely held religious beliefs.
Ignoring these requests, unnecessarily delaying your response, or dismissing the employee without further discussion can leave you exposed to liability issues. Give the request careful consideration and respond promptly to avoid legal disputes.
Assuming a Worker Belongs to a Traditional Religion
Too many employers believe that religious accommodations only apply to members of organized religions or those that are well-known. However, Title VII protects all religious beliefs and observances, whether they are associated with a widely recognized faith or a private formal church.
It is critical that you do not assume an employee’s beliefs are illegitimate simply because you are unfamiliar with them or because they are uncommon. Instead, base your decision on each individual circumstance while also respecting the worker’s sincerely held religious beliefs.
Requiring Excessive Proof of Religious Beliefs
Employers do have the right to ask for additional information when they have a valid reason to question the nature of a religion or the sincerity of a belief. Still, it is important that you do not demand unnecessary documentation or place an unreasonable burden on employees. If you require letters from clergy or other excessive proof in every situation, it can lead to legal concerns. Many times, an employee’s own explanation of their religious beliefs is enough.
Instead of treating every situation as though it requires extensive investigation, only collect the information that is reasonably necessary to evaluate the request. A Knoxville employment discrimination lawyer can advise on whether you should ask for additional evidence.
Automatically Denying Scheduling Requests
Some of the most common religious accommodation issues stem from scheduling conflicts. Employees may ask for time off to attend worship services, observe religious holidays, or avoid working on certain days due to their religious beliefs.
Employers sometimes make the mistake of denying these requests without considering other alternatives, such as flexible scheduling, voluntary shift swaps, or modified work hours. Instead of applying blanket policies, it is important to evaluate each request individually and determine if you can provide reasonable accommodations without creating an undue hardship.
Misunderstanding the Standard of ‘Undue Hardship’
Many employers continue to make assumptions about what qualifies as undue hardship. This is often due to outdated beliefs that do not reflect current case law. In 2023, the United States Supreme Court decided in Groff v. DeJoy that employers must typically show that a request for accommodation would cause a significantly increased cost in relation to the conduct of their particular business. Coworker dissatisfaction, administrative burdens, and other minor inconveniences are not typically enough to deny accommodation.
If you are unsure of whether a request would result in undue hardship, it is important to speak to an attorney who can provide the legal advice you need.
Inconsistently Applying Workplace Policies
One of the most important aspects of complying with employment discrimination laws is consistency. If you grant accommodations to some employees but deny requests for others without a legitimate reason, it can appear as unlawful discrimination.
Establish a consistent process for reviewing religious accommodation requests that helps ensure each request is given fair consideration. Maintain appropriate documentation of the decision-making process to demonstrate that accommodations were evaluated consistently and objectively.
Overlooking Grooming and Dress Accommodations
Religious accommodations often require grooming policies or dress codes. Employees may request an exception to uniform requirements, permission to wear religious head coverings, or accommodations for beards or other grooming practices required by their faith.
You should carefully evaluate whether you can accommodate these requests without creating an undue hardship. Stereotypes, customer preferences, or general concerns about appearance are not typically enough to deny an otherwise reasonable accommodation request.
Allowing Other Employees to Influence Decisions
In some cases, employers deny religious accommodations because other workers complain that the accommodations are unfair or about changes in the schedule. Resentment from coworkers, though, is not enough to deny reasonable accommodation.
Although you should consider legitimate operational concerns, it is imperative that you base decisions on business factors rather than employee dissatisfaction. Strong communication and workplace policies are typically more important than denying accommodation requests simply because others object.
Retaliating Against Employees for Requesting Accommodations
Requesting religious accommodation is a protected employment activity under federal law. You can face serious consequences if it is found that you engaged in retaliatory acts.
Even if a requested accommodation is not possible and would create a valid, undue hardship, it is still critical that you do not retaliate against employees who make such requests and assert their rights. It is also important to train supervisors to recognize protected activity.
Our Employment Discrimination Lawyer in Knoxville Can Advise on Your Case
It is not always easy to determine whether a request for accommodations is legitimate or if it will create undue hardship for your business. At The Ebbert Law Firm, our Knoxville employment discrimination lawyer can review the facts of your case, ensure you uphold your workers’ rights, and help shield you from liability. Call us today at (865) 290-7637 or contact us online to schedule a consultation and to learn more about how we can help.