When employers deal with a worker unfavorably because of religious beliefs, they open themselves up to discrimination lawsuits. Laws prohibiting religious discrimination protect people who adhere to traditional religions such as Buddhism, Christianity, Hinduism, Islam and Judaism. The also apply to other people who hold sincere religious, ethical or moral beliefs.
Tips the EEOC Provides to Employers to Avoid Religious Discrimination Charges
Based on Title VII of the Civil Rights Act, the EEOC encourages employers to make “reasonable accommodations” for workers so they can practice or observe their religions. The only exception is when the accommodation causes the business an undue hardship, making it difficult to operate the business.
What is involved with making reasonable accommodations?
You should make sure you understand the religious request by discussing it with the job applicant or worker and should consider what options are available to accommodate the request. Perhaps the request is to have a certain day off to observe religious services. A schedule adjustment could be an alternative to accommodate the individual. Or perhaps the worker must wear a hat (yarmulke) or head covering (hijab) and allowing the person to do so would be the accommodation.
What Qualifies as Undue Hardship?
Examples of accommodations causing undue hardship include:
- The company suffers from diminished efficiency in relation to other jobs
- Infringement of other employee’s rights or jobs occurs
- The accommodation impairs workplace safety
- Co-workers have to carry the accommodated employee’s share of potentially hazardous or burdensome work
- The accommodation conflicts with another law
- The company suffers from more than a minimal or trivial cost in its operation
What Does Proving Undue Hardship Involve?
Proving undue hardship is the employer’s responsibility. The owner must show factual information as to the amount of cost or work disruption.
Also, employers should explore other ways to accommodate the person if a certain accommodation would incur undue hardship.
If you have questions about religious discrimination or undue hardship, Stephen Hans & Associates is glad to answer your questions and advise you in what to do.