Question: An employee recently asked to be permanently exempted from working overtime on Saturdays, which is a requirement that applies to all production workers. He told me that Saturday is a holy day based on his own personal religious beliefs, but he’s not part of any organized congregation. Do we have to go through the reasonable accommodation process?
Answer: Yes, HR (and managers) should take all requests for religious accommodation seriously and follow the same decision-making process. You must set aside your personal views and opinions of an employee’s religious beliefs when making any decisions regarding employment. Unless you have reliable evidence of fraud or dishonesty, it is risky to question an employee’s religious beliefs or ask for some form of verification. Title VII of the Civil Rights Act requires employers to reasonably accommodate a worker’s sincerely held religious belief, unless it would cause an undue hardship to the business. No organized religion or formal leader is necessary for the employee’s religious belief to be protected. If the employee sincerely believes that their religious practice is necessary, then the company has a duty to engage in an interactive process (in good faith) and determine if an accommodation can be made.
The Equal Employment Opportunity Commission (EEOC) recently secured a $110,759 settlement from an employer that denied an employee’s request for religious accommodation. A Christian employee requested an exemption to the “no beard” policy because his personal religious belief required men to have beards. The employer denied the request because the employee could not provide evidence to support the religious practice, such as a letter from his religious leader. In its press release, the EEOC stated that religion under Title VII is broadly defined: “It applies not only to mainstream religious beliefs that are part of a formal religious group, but also to all aspects of an individual’s religious observance, practice and belief.” The employer also agreed to implement a new accommodation policy, conduct training, and report discrimination complaints to the EEOC on a quarterly basis for three years. For more information on religious accommodations, see Vigilant’s Legal Guide, Religious Accommodation in the Workplace, or call your Vigilant Law Group employment attorney for assistance.
