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Undue Hardship and Religious Accommodation
Editor's Note
Undue Hardship and Religious Accommodation
I started a religion in college called Sofalism. There is only one tenet in Sofalism—to remain horizontal as much as possible. The rest is up to you. (The rest is up to you.)
So when you need to lie down for a while, you are not being lazy; it's a spiritual practice. Rest is also very good for both physical and mental health and should be encouraged by employers, especially employers who need employees to work hard on a difficult and time sensitive project. Rested people can focus. Exhausted people make more mistakes.
But my religious belief that laziness is next to godliness may not fly at work, at least if I want religious accommodation.
Here's the legal dilemma. Sincerely held religious beliefs, including moral or ethical beliefs that are not tied directly to a specific religion, are important to everyone. The freedom to believe in God (or not) is generally something we revere and acknowledge is important to humans and their understanding of the meaning of life. But we also have to acknowledge that we don't always agree on who God is, what God is like, and what God's rules and suggestions are for people.
This is also not a Constitutional freedom of religion issue because the First Amendment deals with things that governments can't do or interfere with. But discrimination laws definitely apply to work because religion is a protected factor under both state and federal employment and housing discrimination laws. No matter what we believe nor how much we disagree with what someone else believes, we can't take religion into account when making decisions about who to hire, promote, or other employment decisions.
Since not all religions agree about foods we can eat, how we dress, whether and what kind of facial hair is required, and importantly for us Sofalists, which days are days of rest (or other religious observations), religion sometimes conflict with work. This comes up most often in schedules, appearance policies, and time off for religious observations.
When conflicts arise, the law requires the employer to do it's best to allow employees to observe their religion. But it also considers the employer's interests in running its business safely and efficiently, as well as in making money. So employers can look at whether the religious beliefs are sincerely held (this is where Sofalism may run into problems) and whether accommodating the religious belief will cause an undue hardship for the employer.
The EEOC's website (still) states "(a)n accommodation may cause undue hardship if it is costly, compromises workplace safety, decreases workplace efficiency, infringes on the rights of other employees, or requires other employees to unwillingly do more than their share of potentially hazardous or burdensome work." The hardship has to be substantial; a little hardship is usually not enough. But, like many legal issues where competing rights and interests are involved, it depends on the circumstances.
Here's a great discussion of religious accommodation and some excellent advice on how handle situations where someone needs special treatment because of their religion.
- Heather Bussing
by Joey Wright
As modern workplaces grow increasingly diverse, employers must be prepared to accommodate employees’ religious practices and observations in a respectful, inclusive, and lawful manner.
Title VII of the Civil Rights Act of 1964 (“Title VII”), requires employers with at least 15 employees to provide reasonable accommodations for an employee’s sincerely held religious beliefs, practices, or observances, unless doing so would create an undue hardship on the conduct of the employer’s business.
This long-standing law is aimed at preventing employees from being forced to choose between their religious convictions and their job.
What Is Reasonable Accommodation?
Under Title VII, a “reasonable accommodation” might include schedule changes for religious holidays or prayer breaks, permitting religious expression in the workplace, modifications of workplace policies and dress codes, or even job reassignment. While employers are not required to provide any and all religious accommodations an employee may request, they are required to engage in a good-faith interactive process to identify a mutually agreeable accommodation that does not pose an undue hardship to the company.
The U.S. Supreme Court’s 2023 opinion in Groff v. DeJoy raised the bar for what constitutes an “undue hardship.” Following this decision, employers must now demonstrate “that the burden of granting an accommodation would result in substantial increased costs in relation to the conduct of its particular business.” Additionally, the Court noted that lower courts may review “all relevant factors in the case at hand, including the particular accommodations at issue and their practical impact in light of the nature, size, and operating cost of an employer.” This standard has greatly expanded employee rights and increased employer responsibility to seriously evaluate all accommodation requests.
Best Practices for Employers
Create a clear policy and follow it!
Every employer should develop and implement a clear policy on how employees can make accommodation requests and how those requests are evaluated. This policy should be included in any employee handbook and made widely available to employees.
Train managers, supervisors, and HR professionals.
Management should have a clear understanding of the company’s policy, legal obligations, and their respective duties related to requests and implementation of accommodations. Training is essential to prevent legal missteps and foster confidence in the process.
Maintain an open-door policy.
Encourage employees to speak up about their needs and values without fear of retaliation. Maintain open and transparent communication between employees and management throughout the accommodation process.
Document the process.
In the interest of protecting all parties, maintain thorough, confidential records of all requests, discussions, and outcomes.
Evaluate accommodation requests thoughtfully and carefully.
Engage in the interactive process with the employee to understand their needs and explore solutions. Consider the actual impact on operations, finances, and other employees. Do not make assumptions and avoid stereotyping based on requests.
Monitor and revise policies regularly.
To ensure religious accommodation policies remain effective and compliant with changing legal requirements and laws, employers should regularly review and update their policy. Collaboration with experienced legal counsel ensures legal compliance.
Providing a religious accommodation is much more than a legal obligation—it is an essential step in fostering a supportive, inclusive workplace culture. Employers that are respectful and transparent about their accommodation process not only reduce their legal risk, they also promote higher morale, trust, and loyalty among their workforce.
