If you are seeking a religious accommodation at work, you should consider some important factors. These include the reason why you want the accommodation, factors that can undermine the employee's religious belief, and timing. These factors can raise suspicions that accommodation may be being sought for religious reasons. There may be other options that you can find for your office.
Religious accommodation: Reasons for seeking it
It is important to follow these guidelines when an employee asks for religious accommodation at work. Before denying a request for religious accommodation at work, employers should consult with lawyers. They must also make sure that the request is justified. Employers often have the ability to provide written statements from religious leaders and other documents to back up a religious belief. Employers may also be able obtain information on the employee's beliefs, practices, and other details.
The employer should also consider the cost and burden of providing accommodation. If a request is made for work at home, it could be that no one is available for public-facing positions. Additionally, employers must document all requests for religious accommodations and keep a record of their internal review process. A refusal to accommodate religious needs must be justifiable by showing that it would not cause undue hardship for the company.
Although most states have passed laws requiring employers offer religious accommodations, there are still exemptions for personal beliefs. Although the exemptions are smaller than the ADA in scope, employers must still be able to accommodate religious beliefs.
Considerations employers must make in determining whether to grant accommodation
Employers need to consider many factors before deciding whether or not to grant religious accommodation. First, they must consider whether the requested accommodation would cause undue hardship or disadvantage the employee. Second, accommodation must not be more advantageous to an employee than it is for the employee. The third requirement is that the employer be open to involving the union representing the covered employees.
The EEOC updated its Technical Assistance Questions and Answers document and now includes a section about religious accommodations. This updated guidance details the questions employers need to ask, including whether accommodation would cause undue burden. The updated guidance clarifies that to submit an accommodation request form, a person must work for the EEOC.
You should also consider the impact on the employer of the accommodation. The employer might have to end religious accommodation if it is too expensive or has a negative effect on the business. Also, religious accommodations must not cause safety or health risks and they must not affect 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.
Other accommodations might be available
Employers should listen to religious requests of employees. However, the employer is not required to provide the accommodation unless it is reasonable and will not create a hardship for the employer. Accommodation should be made to resolve conflicts between religious beliefs and work performed by the employee. The employer must detail all reasonable accommodations made and reasons why they denied them.
The EEOC recommends that you think of other options before rescinding accommodation if there are any concerns about an employee's religion. The EEOC recommends you talk to the employee about your concerns before denying accommodation.