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Monday HR Minute: Religious Protection and Accommodation 
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Religious Protection and Accommodation

Religious protection for employees and applicants is guaranteed under Title VII of the Civil Rights Act.   The definition of “religion” for these purposes includes traditional, organized religion, as well as beliefs that are new, more uncommon, not part of a formal church or sect, or only held by a few people.

The EEOC's guidelines on religious accommodation state that employers must not discriminate against or allow other employees, managers, vendors, or customers to discriminate against an employee due to their religious beliefs and practices. Employers cannot take employment action (i.e. refuse to hire, fire, discipline) against an applicant or employee because of expected harassment from co-workers or for customer preference or any perceived customer preference.

Just as with any other reasonable accommodation, employees do not need to use magic words such as, “I need reasonable accommodation for my religion under Title VII,” but rather they just need to inform the employer of any deviation from the expected work practice they need.  The employer can then ask for some additional information so as to engage in a dialogue about the accommodation.

Common areas for religious protection and accommodation are appearance and attire, break time, and days off.

Companies often set dress and grooming standards for their employees to follow to create a uniformed look, personify the company’s image, or for practical or safety considerations due to job duties. However, some of these dress codes may conflict with some religions’ grooming or dress requirements. EEOC vs. Abercrombie & Fitch illustrates companies must consider making reasonable accommodation if religious requirements mandate a deviation from your established appearance code and they do not impose an undue hardship.

If, however, an accommodation would be a serious violation of safety rules then you may not need to allow it.  The EEOC has some interesting examples in their "EEOC Garb and Grooming" FAQ sheet which can help guide you through this area.

Some religions require prayer at specific times each day or recognize different religious holidays and days of rest. If you allow employees to change their breaks or schedule days off for other reasons, then you should allow an employee to schedule their breaks and days off in accordance with their religious practices.

 

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Chief Operating Officer  |  
Benefits Administrators



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The Monday HR Minute, brought to you by Affinity HR Group, is designed to provide you with practical, applicable human resources and management advice and information in a format that will take you 60 seconds or less to read.  We believe that by dedicating just one minute a week to thinking about people management practices, business owners and managers can make enormous strides in improving workplace performance.
Affinity HR Group is a full service human resources consulting firm that specializes in advising small and medium-sized enterprises. Our services include recruiting and selection, HR policies and compliance, ad hoc HR support, compensation and performance management, and training and development. We are an endorsed HR partner of a number of leading national trade associations and offer free initial consultations and discounted services to their member companies.
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This e-mail may contain general information about legal matters. Affinity HR Group does not provide legal counsel. The information provided should not be considered legal advice and should not be relied on as an alternative to legal advice from your attorney or other professional legal services provider. If you have any specific questions about this content or any legal matter you should consult your attorney or other professional legal services provider.
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