There are important things to consider when you're seeking religious accommodation for work. These include the reason why you want the accommodation, factors that can undermine the employee's religious belief, and timing. These factors could lead to suspicions that accommodation is being sought for other reasons than religious beliefs. There may be other options that you can find for your office.
Requirements for religious accommodation
Follow these guidelines when an employee requests religious accommodation. Employers must first consult with legal counsel before denying the request. They must ensure that the request was justified. Employers may be able to provide written statements or other documents from religious leaders to support religious beliefs. They can also get information about an employee's beliefs.
Moreover, the employer must consider the cumulative cost and burden of granting the accommodation. A request to work remotely may indicate that there is no one available to fill a position in a public place. Employers should also keep a record and document all religious accommodation requests. A refusal to accommodate religious needs must be justifiable by showing that it would not cause undue hardship for the company.
While many states have passed laws requiring employers to provide religious accommodations, there are still some exemptions for personal beliefs and conscience. 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 must take into account several factors when deciding whether to grant religious accommodation. Employers must first consider whether the accommodation requested would be undued hardship to the employee. Second, accommodation must not be more advantageous to an employee than it is for the employee. Third, the employer must be willing to engage the union representing the covered employees.
The EEOC recently updated its Technical Assistance Questions and Answers Document, which now includes a section on religious accommodations. Employers should review the updated guidance to determine whether the accommodation would be a hardship. To submit an accommodation request, a person must also be an employee or agent of the EEOC.
The employer will also need to take into account the hardship it may cause. Employers may need to terminate religious accommodation that is too expensive or negatively impacts the business. Also, religious accommodations must not cause safety or health risks and they must not affect essential appearance standards. Employers should be prepared and willing to give time off to religious purposes by following the normal process for requesting such time off. While this is often a straightforward request, it may need to be discussed. However, the religious nature of the request might require special consideration due to staffing requirements.
Alternative accommodation options may be available
An employer should consider whether an employee is seeking accommodation because of their religious beliefs. The employer is not required by law to provide accommodation, unless the accommodation is reasonable or will not cause the employer hardship. Accommodation should be made to resolve conflicts between religious beliefs and work performed by the employee. Employers should document all reasonable accommodations considered by them and any reasons that they deny.
The EEOC suggests that you explore other options before revoking accommodation if you have concerns about an employee’s religious practices. The EEOC suggests that you have a discussion with your employee before denying accommodation.