Religious discrimination in the workplace violates Title VII of the Civil Rights Act. Employers must, for the most part, accommodate employees concerning their religious practices in regards to the following:
- Flexible scheduling
- Voluntary shift swaps or substitutions
- Job reassignments
- Modifications to workplace policies or practices
If a worker has to take day off for religious observance, the employer should make accommodations. Certain dress codes or grooming policies may need to be relaxed for wearing a Jewish yarmulke or Muslim headscarf, or for beards and long hair (Rastafarian dreadlocks or Sikh).
Undue Hardship
The exception to accommodating religious beliefs or practices is when accommodation would cause undue hardship for the employer. Examples include:
- High cost to the employer
- Workplace safety being compromised
- Reduced workplace efficiency
- Infringing on the rights of other employees
- Requiring other employees to do more than their share of hazardous or burdensome work
Recent Case the EEOC Brought Based on Religious Discrimination
The EEOC filed a lawsuit in August against Century Park Associates, LLC. The company operates senior and assisted living communities in 20 different states, but the facility named in the lawsuit was located in Tennessee. The EEOC alleged that by demanding two employees work on the Sabbath, the company violated Title VII of the Civil Rights Act.
Two employees, who were members of the Seventh Day Adventist Church, observe the Sabbath from sundown Friday to sundown Saturday. The company was implementing a new work schedule and insisted that the employees work on Saturdays. When the employees refused, based on religious practices, the company asked them to resign. They resigned and then asked for reinstatement by the owner but were denied.
After pre-litigation settlement attempts through the conciliation process failed, the EEOC filed a lawsuit seeking back pay, compensatory and punitive damages for the two employees.
If you believe that accommodating religious beliefs for an employee would cause undue hardship, it is wise to consult with an experienced employment defense attorney. Getting legal opinion can often prevent disputes and costly litigation.
Stephen Hans & Associates has decades of experience assisting business owners with employment related concerns.