Must Employers Grant Religious Leave on Peak Work Days? - HR Insights

Must Employers Grant Religious Leave on Peak Work Days?

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Question:

I have an employee who asked if they could be allowed to take a day off every other week, stating it was for religious reasons. We work in a warehouse that is currently very understaffed, and the days he asked to take off are busy days where we need all hands on deck.

Am I required to accommodate his request?

Answer:

It depends. Under Title VII of the Civil Rights Act of 1964, employers are prohibited from discriminating based on religion. This includes a duty to reasonably accommodate an employee’s sincerely held religious beliefs or practices, unless doing so would cause an undue hardship for the organization. An employer refusing to accommodate an employee’s sincerely held religious belief does qualify as discrimination under this law, unless it would impose ‘undue hardship’ on the company.

Defining "Undue Hardship"

It's difficult to determine what is and is not considered an ‘undue hardship’. On July 23rd, 2023, the Supreme Court ruled that undue hardship ‘is shown when a burden is substantial in the overall context of an employer’s business. Unfortunately, this ruling does not come with a true definition for what a substantial burden is, needing to be determined on a case-by-case basis.

Prior to the ruling, the law was historically understood to mean an employer did not have to provide a religious accommodation if it would impose more than a "de minimis" burden on the employer; which basically meant that the employer had to prove that the accommodation is more than a trivial task to implement. With the Supreme Court ruling, it means that employers cannot deny an accommodation just because it is inconvenient to the business or results in some additional costs.

The Interactive Process

Regardless, an employer can only determine undue hardship by going through the interactive process; which involves a discussion with the employee about the nature of the accommodation, determining if the accommodation prevents the employee from doing essential job functions, etc.

For guidance on how to conduct this process, we recommend reading the article The Interactive Process. While it focuses on the ADA interactive process, the underlying principles are virtually the same.

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Must Employers Grant Religious Leave on Peak Work Days?

Please note: This information is not legal advice and may not reflect specific state or local requirements.