Religious Accommodations at Work: The Undue Hardship Rule Explained

Federal law requires employers to make reasonable accommodations for sincerely held religious beliefs and practices. A religious accommodation is an adjustment to a work requirement that allows the employee to exercise their religious freedom and comply with their religious beliefs.

In its 2023 case, Groff v. DeJoy, the U.S. Supreme Court raised the threshold for employers to deny religious accommodations. Now, employers must show that a religious accommodation would impose a substantial burden rather than merely a minor inconvenience.

If you need legal guidance about religious accommodations at work, contact an experienced employment law attorney in your area who specializes in employee rights.

The Supreme Court’s Groff v. DeJoy Ruling: What Changed for Religious Accommodations

The Supreme Court’s ruling in Groff v. DeJoy (2023) raised the threshold for employers to deny religious accommodations.

The case involved a postal worker who requested Sundays off for religious observance. Under old legal standards, employers could deny a request for religious accommodations if it caused more than a “minimal” or trivial cost. This was a very low bar.

Under the new standard established by the Supreme Court in Groff, an employer must now show that an accommodation would result in substantially increased costs in running its business. The Court clarified that de minimis costs do not suffice to meet the undue hardship standard.

An undue hardship occurs when a burden is substantial in the overall context of an employer’s business, taking into account all relevant factors in the case at hand, including particular accommodations at issue and their practical impact in light of the nature, size, and operating costs of an employer.

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Religious Accommodations: What Employers Are Required To Do

Title VII of the Civil Rights Act of 1964 requires employers to make reasonable accommodations for an applicant or employee whose sincerely held religious belief, practice, or observance conflicts with a work requirement. Employment law seeks to prevent individuals from being forced to choose between their religious practices and their jobs.

However, this right to religious accommodations is not unlimited. If providing an accommodation would create an undue hardship for the employer, the employer need not grant the request. This includes cases where there is a significant difficulty or expense that constitutes an undue hardship.

The employer’s duty to accommodate will usually require making a special exception or an adjustment to a particular work requirement so an employee or applicant can observe or practice their religion. The religious requirement need not be confined to traditional concepts of religion.

Employers must not refuse to hire, terminate, or otherwise discriminate against someone on the condition that they may need a religious accommodation that could be provided without undue hardship. Employers also may not retaliate against any applicant or employee for seeking a religious accommodation.

Common Examples of Religious Accommodations

A wide variety of changes can potentially be considered reasonable religious accommodations. Common reasonable religious accommodations at work include:

• Schedule changes. Allowing a voluntary shift swap so an employee can attend weekly worship, such as on Sundays. Or, granting a day off for a major religious holiday when coverage is available.
• Religious expressions. Permitting a short, unpaid prayer break in a private space.
• Dress and grooming. Adjusting a dress code to allow head coverings or religious jewelry.
• Exemptions. Relief from tasks that conflict with sincerely held beliefs, where reasonable.

These types of requests are generally accommodated when beliefs are sincerely held and religious in nature, and not based on personal preference or politics alone.

When a Religious Accommodation May Create an Undue Hardship on the Business

Examples that may qualify as an undue hardship, which would mean that an employer is not required to meet the request, include:

• A request that forces frequent, substantially increased costs for overtime for other staff
• An accommodation that violates a safety requirement (for example, loose clothing near machinery)
• Shifting burdens unfairly onto coworkers or significantly disrupting operations

The outcome of a religious accommodation request depends on factors such as employer size, available staff, and the actual costs the employer would incur.

How To Request a Religious Accommodation

If you need to request a religious accommodation, you should inform your employer of the religious reason. Although the request need not be in writing, it is a good idea to put it in writing. You must describe what you need and why.

Any request should make it clear that you need a religious accommodation, but there are no “magic words” required to request a religious accommodation.

Be prepared to engage in the interactive process, which is a back-and-forth conversation, to find a workable solution. Keep all records of requests, responses, and conversations with dates. Stay open to reasonable alternatives that still meet your needs.

Seeking Legal Help for Religious Accommodations at Work

If you suspect discrimination related to a religious accommodation at work, you may contact the U.S. Equal Employment Opportunity Commission (EEOC) to determine whether you need to file a charge. This can occur when:

• Your request was denied without any effort to find a solution
• You faced retaliation, i.e., demotion, discipline, or termination, after asking for an accommodation
• Your employer refused to engage in the interactive process
• You were treated differently from other co-workers with similar requests

To learn more about religious discrimination, review the information provided by the EEOC. If you need to file a charge of discrimination, it must often be filed within 180 to 300 days of the incident. This step is usually required before filing a lawsuit.

Find an Attorney Near You

Consulting an experienced employment attorney to review your case regarding religious accommodations can help you better understand your options and protect your rights. Contact an experienced employment law attorney in your area who specializes in employee rights.