Title VII’s prohibition on religious discrimination also means that agencies are required to reasonably accommodate the religious practices of employees unless to do so would create an “undue hardship” on the agency. A “religion” is interpreted to mean a moral or ethical belief as to right and wrong that is sincerely held with the strength of traditional religious views.
The reasonable accommodation issue arises most frequently in cases were an employee seeks to have time off for religious observances. Other forms of accommodations may involve other working conditions such as dress codes, office-based issues and interaction with employees of the opposite gender. Any “reasonable” accommodation is sufficient to satisfy the agency’s obligation. If an attempted accommodation is deemed reasonable, the agency need not show that alternative accommodations would result in undue hardship.
Undue hardship means a significant cost or other non-cost factors, such as disruption to the office. For example, an agency can allege undue hardship to support a refusal to accommodate an employee’s need to be absent during the employee’s schedule duty hours if the agency can show that the accommodation would require more than a “de minimis” cost. A de minimis cost is one that has a minimal impact on the agency’s business. In determining what will constitute more than a de minimis cost, the EEOC will give due regard to the identifiable cost in relation to the size and operating cost of the agency, and to the number of individuals who needed particular accommodation. Some examples of religious accommodations that agencies may be obligated to provide include the following: granting leave for religious observances; granting time and a place at work place to pray; permitting employees to wear religious attire; accommodating certain hairstyles or grooming habits; honoring dietary requirements during meetings or training sessions where meals are served; and permitting time-off during mourning periods for a deceased relative.
When religious practices or observances conflict with work schedules, agencies may impose the following accommodations: allowing employees to voluntarily swap schedules, allowing flexible scheduling of arrival and departure times, flexible work breaks, use of lunchtime in exchange for early departure, and permitting employees to make up lost time due to religious observances. Remember, for an agency to meet its accommodation obligation, the agency need not approve the specific accommodation requested by the employee. Rather, the agency need only offer an accommodation that is “reasonable” to the circumstances.
It is important to remember that employees do not, and need not, leave their religious faiths and observances at home. If you have a religious observance that conflicts with your work schedule or with some other working condition, bring your need for accommodation to your supervisor’s attention. If there is an accommodation that is “reasonable” and does not present an “undue hardship” to the agency, your religious observance must be accommodated or else the agency will be guilty of religious discrimination. If you believe you are the victim of religious discrimination, please contact your EEO office, knowledgeable union representative, or an experienced attorney.
** This information is provided by the attorneys at Passman & Kaplan, P.C., a law firm dedicated to the representation of federal employees worldwide. For more information on Passman & Kaplan, P.C., go to http://www.passmanandkaplan.com. **
