Religious Accommodation in the Workplace
On June 29, 2023, the U.S. Supreme Court ruled in Groff v. DeJoy that under Title VII of the Civil Rights Act, employers must reasonably accommodate an employee’s religious beliefs or practices unless doing so would result in substantial increased cost in relation to the conduct of the employer’s particular business. The ruling explicitly rejected the “de minimis” test that was previously applied to religious accommodations.
To mitigate liability moving forward, employers will need to follow the Supreme Court’s new guidance on religious accommodations. Employers should update internal policies, handbooks, and procedures for processing religious accommodation requests and train managers and supervisors, as well as human resources personnel, on applicable employment discrimination laws and compliance.
What are reasonable religious accommodations?
In accordance with labor and employment laws, employers are required to make reasonable adjustments or modifications to their policies and procedures or to the work environment that will allow employees to practice their religion. Under Title VII, employers must accommodate employees’ religious beliefs or practices, unless doing so would amount to undue hardship for the employer.
Higher undue hardship standard for employers
In Groff v. DeJoy the Supreme Court handed down a new standard for determining an undue hardship: whether an accommodation would result in substantial increased costs in relation to the conduct of the employer’s particular business. Previously, employers could reject a religious accommodation request if it caused more than a de minimis cost – a relatively easy standard for employers to meet.
The Supreme Court explicitly rejected the previously used de minimis test. The new test is a higher burden for employers.
What do employers have to show to deny an employee’s religious accommodation request?
The Supreme Court didn’t entirely explain what’s required to show that a requested religious accommodation would result in substantial increased costs in relation to the conduct of its business. Individual inquiries will be fact intensive and depend on “the particular accommodations at issue and their practical impact in light of the nature, size, and operating cost of an employer.”
The reasonableness of an accommodation will depend on the business’s individual circumstances. For instance, a larger employer with more resources will likely have a harder time showing undue hardship than a smaller employer with limited resources.
Simply showing that a religious accommodation impacts other employees – for example, employees needing to change their duties or schedule to accommodate another employee’s religious practices – is insufficient to establish an undue hardship. Rather, an employer must show that the impact on other employees results in substantial increased costs.
Similarly, dislike or prejudice against a religious belief, practice, adherent, or accommodation is not a legitimate basis for establishing undue hardship.
How does the religious accommodation standard compare to the disability accommodation standard?
At first blush, the heightened standard for undue hardship described in Groff might seem similar to the Americans with Disabilities Act’s (ADA) reasonable accommodation standard for employees with disabilities. However, practitioners shouldn’t rely on disability-related precedent in religious accommodation cases. Though disability accommodations may be helpful for employers to brainstorm accommodations for employees, the Supreme Court declined to adopt the same standards and case law as the ADA.
Examples of religious accommodations
The new ruling will make it much easier for employees to obtain religious accommodations from employers. For instance:
- It will likely be harder for employers to impose vaccine requirements, including for Covid-19, without providing broader exemptions for religious accommodations.
- Workers are more likely to be approved for schedule adjustments to accommodate religious observances like prayer, holidays, and sabbaths.
- Employers who provide meals to workers may have to accommodate religious dietary restrictions like kosher, halal, and vegetarian.
Even more issues may become apparent as the new standard is implemented and enforced across workplaces.
Although employers should individually evaluate religious accommodation requests on a case-by-case basis, there are several common religious accommodations an employer could likely provide without incurring undue hardship:
- Allowing shift swapping
- Changing schedules
- Amending dress or grooming codes
What qualifies as a sincerely held religious belief?
When considering employees’ requests for religious accommodation, employers should assess whether employees’ work conflict arises from a sincere religious belief. Guidance from the Equal Employment Opportunity Commission (EEOC) states that since the definition of religion is broad, and the employer may be unfamiliar with beliefs, observances, and practices, the employer should ordinarily assume an employee’s request is based on a sincerely held religious belief. Traditional and unconventional religious beliefs are protected under Title VII if they are sincerely held.
EEOC religious accommodation guidance
The Supreme Court noted that much of the EEOC’s guidance on religious accommodation is likely “sensible” and unaffected by their decision. However, the Supreme Court declined to endorse all EEOC guidance on religious accommodation. While practitioners should still look to the EEOC for guidance, they should review for inconsistencies with the court’s decision and updated standard for providing accommodations.
Stay ahead of labor and employment law developments with Bloomberg Law
As employers continue to make sense of the aftermath of the Groff decision, labor and employment law practitioners will need to make sure that their organization is well-equipped to implement the new standard when considering religious accommodation requests. To help avoid liability and demonstrate compliance with employment discrimination laws, download our Sample Equal Employment Opportunity Policy to provide employees with a clear process for addressing claims of religious discrimination or harassment.
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