HRMorning.com » Religious accommodation: The hottest — and most misunderstood — complaint

Religious accommodation: The hottest — and most misunderstood — complaint

June 20, 2008 by Jim Giuliano
Posted in: Communication, Employment law, Hiring, In this week's e-newsletter, Latest News & Views, policies


The EEOC reports that discrimination based on religion is a fast-growing problem that’s reflected in the leap in complaints filed by workers. The main problem: Few employers are certain how to handle requests for days off or flexible hours.

Some employers take the path of least resistance: They generally OK all requests for religious accommodation, out of fear of getting sued and being charged with interfering with an employee’s right to worship — no one wants to be stuck with that label.

There is a manageable middle ground, however, in which you don’t have to rubber-stamp all requests, even the iffy ones, and can put some responsibility on the employee, if you know the general rules:

  • Federal law requires employers of 15 or more people to “reasonably accommodate” requests for time off or other exceptions based on religion. But if you can show that such an accommodation can’t be offered without causing severe harm to business, you have justification for turning down the request. Example: You have an employee who’s the only one in the company able to perform a function that must be done on a strict schedule.
  • In interviews, you can’t ask candidates if they’ll require a religious accommodation if hired. You, however, should make the work schedule clear so that no one can later say there was a misunderstanding about the degree of flexibility.
  • Religious accommodation isn’t treated in the same way as disability accommodation: There’s no documentation required from an employee who’s requesting a religious accommodation. Still, it’s reasonable for you to ask for some notice about the need for and schedule of the requested time.

Note: Religious-accommodation suits over clothing or articles of worship worn at work are less common but still likely. The general rule on clothing and other articles is that you can ban their wearing if they interfere with business or pose a safety hazard.

  • Share/Bookmark

Tags: , ,



5 Responses to “Religious accommodation: The hottest — and most misunderstood — complaint”

  1. Patricia Says:

    Some of my employees are Native American. They tell me there are times when they don’t know when their religious ceremony will take place. They might not even be informed until the morning of the day. I’ve asked for as much notice as possible and if they are not sure a “heads-up” that something may be coming.

  2. candace Says:

    Did you find out if this true?

  3. Jeanette Says:

    I am assuming that an employee who has a cross in his office should be accommodated especially since he is in a private office. If the employee was in an open office with other individuals perhaps of different fates, what would be the proper and legal response?

  4. Jarkataionmepa Says:

    I made up my own relegion. My holy days are every Monday following a holiday. Every other Friday afternoon, i cannot work past my paid lunch break. To be a good faith member, I must receive extra finincial accomodations for tithing. The list goes on and on. I absolutely love it!

  5. David M. Says:

    I work for a County that has 13 Native American tribes. 50% of my department employees are Native Americans. They do have religious activities with less than 24 hours notice. I have always been able to accomodate these observances, but sometimes the Detention Center and Sheriff’s Office cannot. However, we are so used to this custom that we just advise employees upon hiring that we will try to accomodate, but they must understand there are occasions when we cannot. We document this possible problem upon hiring.

Leave a Reply



advertisement

Whitepapers



Popular Human Resources Articles



advertisement






























































a