While some protections under Title VII have been undermined, religious accommodation has become a focal point. Here is how:
- The Supreme Court raised the bar for an employer to deny a request from the low “de minimus cost” to the stricter “substantial increased costs.” In Groff, the Supreme Court unanimously adopted this guideline, changing the game for employers. The “de minimus” measure could be merely inconvenience. Since Groff, employers must take religious accommodation requests seriously and make a case by case determination of the actual cost to the organization.
- The Trump Administration, the EEOC and other federal agencies have significantly expanded their focus on protecting religious freedom in the workplace. The EEOC has stepped up enforcement and actions based on religious accommodation have increased significantly.
- The Office of Personnel Management (OPM) encouraged federal agencies to take a “generous approach” to approving religious accommodation and offered specific examples like remote work, flexible schedules and leave options.
- Last month, the Department of Justice (DOJ) released a memo to clarify that “situational telework” can be a required religious accommodation and is not contrary to prior return to work guidance.
TAKEAWAYS:
The federal agency guidance is a strong sign of how private sector employers should operate. Religious accommodation today cannot be handled like it was prior to 2023. Employers should:
- Make sure policies, handbooks and training reflect the current requirements of a religious accommodation request;
- Do not make blanket denials;
- Engage in the interactive process–with each request;
- Document document document from the request through the interactive process and the final decision; and
- If an accommodation is denied, provide evidence of significant operational impact or costs.
QUESTIONS? Need updated policies? Training? We can help. Contact us.