Reasonable Accommodation Of Religion In The Workplace

The courts have preferred that there be an interactive discussion between the religious employee and the employer. Here is a checklist to help you satisfy that obligation.

• Ask the employee to specify in writing what their religion requires they do with respect to their work:

Time off?

Dress requirement?

Appearance requirements?

Activities that violate religious requirements?

Displays of religious icons in the workplace?

The need to proselytize coworkers?

• Ask the employee to specify in writing exactly what they are requesting as an accommodation:

Paid time off?

Use of paid vacation, personal or sick days?

Additional paid time off?

Unpaid time off?

Wearing religious garb?

Excuse from certain activities in the job?

• Calculate the burden imposed by the requested accommodation. Remember that most laws will only excuse a refusal to accommodate if it imposes an “unreasonable” burden on the employer. That is measured companytocompany:

Will it cost more?

Will it interfere with the employee’s ability to do needed tasks?

Is uniform garb and appearance an important public relations consideration (e.g. can uniformed police wear turbans)?

Will displays of religious iconography within the workplace offend customers or fellow employees?

Does proselytizing interfere with other employees’ work or environment?

• Consider and offer alternative accommodations:

Possible transfer to a job with more favorable conditions?

Would it be possible to allow employees to swap work with workers who have no religious objection to doing the work?

• Be sure the accommodation does not adversely affect union mandated seniority:

Seek union agreement or rejection in writing.

• If the employee objects to your proposed accommodation, ask for a written objection stating why the offered accommodation is unreasonable.

• What happens if you say “no?” Consider the risks of not acceding to the employee’s demand:

What is the hardship on you?

How much will it cost?

How will it affect other employees who will not agree to work swaps?

What does the union (if any) say?

What is the current state of applicable law considering federal, state and local antidiscrimination laws?