Recently, a North Carolina restaurant franchisee agreed, among other things, to pay $40,000 to settle a religious discrimination lawsuit filed by the EEOC. The EEOC accused the restaurant of denying a cook’s no-Sundays request.

The case is a starting point to address the potential legal implications of denying an employee’s scheduling request that’s tied to a religious belief.

Religious Accommodations | The Basics

Under Title VII, covered employers must provide reasonable accommodations to employees when they have sincerely held religious beliefs, practices, or observances that conflict with work requirements. Title VII broadly defines “religion” as “all aspects of religious observance and practice, as well as belief.”

Employers may deny religious accommodations only if they can show that the accommodation would create an undue hardship. This standard comes from a decision last year from the U.S. Supreme Court that clarified that an employer must show that “the burden of granting an accommodation would result in substantial increased costs in relation to the conduct of its particular business” to establish an undue hardship.

Evaluating Religious Accommodation Requests

1️⃣ Does the employee have a sincerely held religious belief that conflicts with a job requirement?

 

To be “religious,” the belief does not need to align with a formal religious organization. Generally, courts require only that the belief be part of a broader moral or ethical framework. If an employer has reason to question the sincerity of the belief, the EEOC says that the employer can ask for third-party verification of the employee’s belief, which may come from anyone who is familiar with the employee and their beliefs.

2️⃣ Is there an accommodation that would remove the conflict without causing undue hardship to the employer?

If more than one possible accommodation exists, employers are only required to offer one possibility and have no duty to provide the employee’s preferred accommodation.

Ways to Protect Your Business 

📒 Update those policies and procedures. Make sure your business has a policy that outlines the process granting or denying requests. Consider using accommodation request forms. 

📝 Document the process‼️ Make sure any requests are in writing and of course you’re going to deny the request, back up the denial with a written explanation.

🗣️ Work with labor and employment counsel. Religious accommodations can be tricky, and there may be differences between federal, state, and local laws. Don’t get caught making a mistake that could have been avoided by speaking with counsel.

What are your thoughts?