| Religious Accommodations are Surging, Here’s Some Practical Advice |
| Religious Accommodations are surging, here’s some practical advice Why is this happening now? Retail employers are seeing more requests for weekends off as religious accommodations due to a recent Supreme Court decision that made it more difficult to deny requests, along with increased enforcement by the EEOC. What has changed legally? The Groff v. DeJoy decision raised the standard for proving an accommodation creates an undue hardship. Employers now must show the request would create a substantial burden on business operations rather than a minor inconvenience. What do the trends show? The EEOC has increased its focus on religious accommodation claims, with both lawsuits and monetary recoveries rising in recent years, signaling greater enforcement activity. What reasons are generally not enough to deny a request? General scheduling challenges, occasional overtime, coworker frustration, or blanket policies limiting accommodations are typically not sufficient reasons to deny a religious accommodation request. When might an employer deny a request? An employer may be able to deny a religious accommodation if it would create a significant, documented hardship for the business. Examples include creating safety risks, violating legal or contractual obligations, leaving critical positions unstaffed, or causing substantial operational or financial burdens that cannot be resolved through reasonable alternatives such as shift swaps, cross-training, or schedule adjustments. What should employers consider before denying a request? Before saying no, employers should explore alternatives such as shift swaps, flexible scheduling, cross-training, or transfers, and document the interactive process. How can employers improve their process? A standardized accommodation process—including consistent request forms, centralized tracking, and HR involvement—helps ensure requests are handled fairly and consistently. Manager Talking Points Start with a conversation, not a decision When an employee requests a religious accommodation, managers should begin an interactive discussion to understand the request and explore possible solutions before considering a denial. Evaluate each request individually Avoid relying on blanket rules or assuming previous accommodations determine future decisions. Every request should be assessed based on the employee’s circumstances and the operational impact. Focus on objective business impacts If an accommodation cannot be approved, the decision should be supported by specific, documented operational reasons—not general concerns about scheduling, fairness, or inconvenience. Consider reasonable alternatives Managers should work with the employee to identify options such as shift swaps, schedule adjustments, cross-training, or transfers before concluding an accommodation isn’t feasible. Know when to involve HR If multiple requests overlap or the impact is unclear, managers should consult HR before making a decision. Early escalation helps ensure consistency and reduces legal risk. NOTE: While this is a federal case, California also has a law against Religious Discrimination and Accommodations, which states per the CRD: Employers may only deny an accommodation if it creates an undue hardship for the employer. Factors an employer can consider include: Size of the business establishment or facility Overall size of the employer Type of business operation Nature and cost of the requested accommodation, considering the employer’s resources Reasonable notice to the employer of the need for an accommodation Any available reasonable alternative ways to accommodate the request Employers who show that an accommodation creates an undue hardship must continue communicating with the job applicant or employee to explore whether there are other accommodations that meet the employee’s needs without an undue hardship for the employer. Employers cannot ignore or unreasonably delay responding to requests to avoid granting requests for religious accommodations, or to persuade employees to find another job. If a person experiences unfair treatment after requesting a religious accommodation, this may be unlawful retaliation, regardless of whether the accommodation is granted or denied. For additional information, please call our office at (714) 799-1115 |
