Accommodating employee religious practices: flexibility key, but not always at employer's expense.

• Author: Cummings, Judith
• Position: HR MATTERS

THE PROCESS CAN REMAIN CORDIAL AND POSITIVE WHEN BOTH PARTIES APPRECIATE THEY SHARE A MUTUAL INTEREST IN BALANCING THE NEEDS OF THE EMPLOYER WITH THE EMPLOYEE'S REQUESTED CHANGES.

Charlie has been working as a retail salesperson for The Connection, Marisa's large souvenir shop complex in midtown Anchorage, for a short time. Today he stepped into her office to tell her how much he enjoyed working for the company. Charlie went on to say he would need to take the next four Saturdays off beginning this weekend in order to observe the four-week festival that is part of his religion. Saturdays are The Connection's busiest day of the week. Can Marisa say "no"?

It may be that saying "no" to Charlie's request could be considered unlawful religious discrimination. The Equal Employment Opportunity Commission (EEOC), the federal agency that enforces many federal discrimination laws, has reported that religious discrimination claims are on the upswing. Most of the claims are the result of employers being unaware of their duty to reasonably accommodate their employees' religious beliefs.

Federal law and most state laws prohibit employers from discriminating on the basis of religion. An employer cannot make any employment-related decisions based on--or treat an employee differently because of--an employee's religious beliefs or practices.

Employers also are required to reasonably accommodate employees' religious beliefs or practices, unless doing so would cause the company undue hardship. For example, this might mean not scheduling an employee to work on his or her Sabbath day or relaxing a dress code so that an employee can wear religious garments.

Employers have some flexibility in how they accommodate employees. An employer is required to make a reasonable accommodation. This does not mean the employer is required to accept whatever accommodation the employee suggests, nor does it mean the employee is spared from all expenses related to making the accommodation. For example, an employer might give an employee the day off for a religious observance, but may not be required to give a paid day off.

Some employers try to argue that the belief or practice underlying the request is not "religious." Their assumption is that the employee is using a religious practice as an excuse to avoid an obligation to the employer. Under the federal law, however, the definition of religion is very broad. Religious beliefs, practices and observances include those that...