There are important things to consider when you're seeking religious accommodation for work. These include the reason you are seeking the accommodation, any factors that might undermine the employee’s religious belief, as well as the timing. These factors could lead to suspicions that accommodation is being sought for other reasons than religious beliefs. You might also find alternatives for your workplace.
Requirements for religious accommodation
Follow these guidelines when an employee requests religious accommodation. Before denying a request for religious accommodation at work, employers should consult with lawyers. Employers should ensure that the request is valid. Employers often have the ability to provide written statements from religious leaders and other documents to back up a religious belief. They can also obtain information about the employee's beliefs and practices.
The employer should also consider the cost and burden of providing accommodation. One example is that a request for work at home could indicate that no one has the availability for a public-facing job. Additionally, employers must document all requests for religious accommodations and keep a record of their internal review process. Ultimately, a denial of religious accommodation must be justified by demonstrating that the request would cause undue hardship to the business.
Many states have passed laws mandating that employers provide religious accommodation. However, certain exemptions exist for personal beliefs and conscience. While these exemptions are more limited than the ADA, employers must still accommodate religious beliefs and practices in the workplace.
Employers must take into account the factors involved in deciding whether or not to grant accommodation
Employers need to consider many factors before deciding whether or not to grant religious accommodation. Employers must first consider whether the accommodation requested would be undued hardship to the employee. Second, the accommodation must not be more favorable to another employee than it would be to the employee. Third, the employer must be willing to engage the union representing the covered employees.
The EEOC has added a section on religious accommodation to its Technical Assistance Questions and Answers. This updated guidance details the questions employers need to ask, including whether accommodation would cause undue burden. In addition, it clarifies that a person must be an employee of the EEOC in order to submit an accommodation request form.
Another important factor to consider is the amount of hardship the accommodation will cause for the employer. The employer may have the option to cancel religious accommodation that is too costly or has a negative economic impact on the company. In the same way, religious accommodation should not present safety or health hazards and must not compromise essential appearance standards. Employers should be prepared to allow religious purposes time off as part of their normal request for time off. While it is not usually necessary to discuss the matter, employers should be prepared to grant time off for religious purposes if the need arises based on staffing requirements.
Alternative accommodation options may be available
An employer should consider whether an employee is seeking accommodation because of their religious beliefs. Employers are not required to provide accommodation for employees who request it because it is reasonable and won't cause them hardship. The accommodation must resolve any conflict between the employee's religious beliefs or the work they do. Employers must list all reasonable accommodations they have considered, and any reasons for denying them.
The EEOC suggests that you explore other options before revoking accommodation if you have concerns about an employee’s religious practices. The EEOC suggests that you have a discussion with your employee before denying accommodation.