Religious Accommodation in the Workplace: The Devil is in the Detail

Circle 9 Corporation installed new hand scanners for keeping track of employee time and attendance. A worker, Ali Ghieri, who is an Evangelical Christian, asked to keep using paper timesheets because she believes the hand scanners go against her religious beliefs. The company refused her request but allowed another employee who is missing fingers to use paper timesheets instead. Did Circle 9 violate the law by not accommodating Ghieri? There’s a lawsuit about a similar situation filed by the Equal Employment Opportunity Commission. Title VII of the Civil Rights Act prohibits religious discrimination at work and requires employers to reasonably accommodate an employee’s religious beliefs, unless it causes an undue hardship. “Religion” includes all aspects of religious practice and belief, even if it’s not part of a formal church. Employers must accommodate sincerely held religious beliefs, and can only question them if they have a good reason. Examples of religious practices include attending services, praying, wearing religious clothing, following dietary rules, and avoiding certain activities. The details of each case determine whether an accommodation is required. Employers have to try to make reasonable accommodations for their employees’ religious beliefs, practices, or observances. This means adjusting work duties to fit with an employee’s religious beliefs, as long as it doesn’t create too much of a burden for the employer. The employee needs to let their employer know about the conflict and their need for accommodation. The employer and employee should work together to find a solution that works for both of them. The employer doesn’t have to accommodate the employee’s religious practices if it would cause too much trouble or cost too much. The EEOC has sued some companies for not accommodating their employees’ schedules or dress codes. The EEOC filed lawsuits against two employers for not accommodating their employees’ religious beliefs. In one case, Muslim employees asked for breaks to pray during Ramadan, but the employer said it would hurt production. In another case, employees didn’t want to participate in their employer’s Scientology practices. The EEOC is trying to change when accommodations are required, making it harder for workplaces to handle these issues. It’s important for employers to understand the law and communicate with their employees to avoid legal trouble. The Equal Employment Opportunity Commission (EEOC) has been focusing on religious discrimination in the workplace, with Florida accounting for 8 percent of all religious discrimination charges nationwide. The EEOC has issued new publications on religious garb and grooming in the workplace, showing its emphasis on religious accommodation. Both federal and Florida state laws require employers to make reasonable accommodations for employees’ religious beliefs. The EEOC also recognizes atheism as a religion and protects it under Title VII. Religious beliefs do not have to make sense to others, as long as they are sincerely held. The law protects people from discrimination based on their religious beliefs, even if those beliefs are not part of an organized religion. Employers must make reasonable accommodations for employees’ religious beliefs, unless it causes them undue hardship. It’s important to remember that not all personal preferences are considered religious beliefs under the law. Employers have to make reasonable accommodations for employees’ religious beliefs, but exactly what that means can be different in each situation. If an employee asks for a change at work because of their religion, the employer should try to understand the request and work with the employee to find a solution. If an employer knows about a conflict between an employee’s religious practices and their job, they should try to find a way to accommodate the employee. But employees also need to make it clear what their religious needs are, and managers can ask for more information if they need it. Employers are not required to give employees their preferred accommodation for religious beliefs, but they do have to make a reasonable accommodation. The employer does not have to give the employee a choice among several accommodations. The employer can use an “undue hardship” defense if they believe that the accommodation would cause significant difficulty or expense. Every case is determined based on whether the employer acted reasonably. An accommodation may be considered an undue hardship if it violates laws or regulations, conflicts with collective bargaining agreements, or causes more than a minimal burden on co-workers. These are examples of lawsuits filed by the Equal Employment Opportunity Commission (EEOC) against companies for not accommodating their employees’ religious beliefs. For example, one employee was fired for not shaving his beard, which was important to his religion. Another employee was fired for not working on a Saturday because of their religious beliefs. The EEOC is fighting for the rights of employees to practice their religion at work without being discriminated against. The Equal Employment Opportunity Commission filed a lawsuit against Dynamic Medical Services, alleging that the company was forcing employees to participate in Scientology practices. The company argued that the employees did not specifically state that their objections were based on their religious beliefs. However, the court approved a settlement in which the company agreed to change its practices and pay compensation to the employees. Jennifer Fowler-Hermes and Luisette Gierbolini are lawyers who specialize in labor and employment law. They help companies with legal issues related to their employees. This article was written for the Labor and Employment Law Section.

Source: https://www.floridabar.org/the-florida-bar-journal/religious-accommodation-in-the-workplace-the-devil-is-in-the-detail/