Employees in New York are entitled to reasonable accommodations that allow them to practice their religious beliefs. When an employee requests a religious accommodation, the employer must grant an accommodation (though not necessarily the specific accommodation requested) unless doing so would cause “undue hardship.”
So, what are your rights if you were denied a religious accommodation at work?
As with all employment-related matters, the answer to this question depends on the specific circumstances at hand. Generally speaking, however, employees can take legal action when their employers wrongfully deny their requests for religious accommodations. If your employer wrongfully denied your request, not only are you entitled to an appropriate accommodation, but you may be entitled to other remedies as well.
What Employees in New York Need to Know About Religious Accommodations
Religious protections exist under both state and federal law. These include not only protections against religious discrimination in the workplace, but also protections that entitle employees to reasonable accommodations that allow them to observe their religious practices and beliefs without unduly restricting their employment opportunities. As the New York Attorney General’s Office explains:
“State and federal laws require employers to make a reasonable religious accommodation for an employee’s sincerely held religious beliefs, unless doing so creates an ‘undue hardship’ on the employer. A reasonable religious accommodation is one that allows employees to follow their religious beliefs with a minor change to the work environment. . . .”
The primary statutes that entitle employees to religious accommodations in New York are Title VII of the federal Civil Rights Act of 1964 (Title VII) and the New York State Human Rights Law (SHRL). While Title VII only applies to employers with 15 or more employees, the SHRL applies to all employers regardless of size. As a result, if you are an employee in New York, you are entitled to a religious accommodation (if necessary) as long as there is a viable option that does not create an “undue hardship” for your employer.
With this in mind, if you have been denied a religious accommodation at work, there are a few key questions that need to be answered in order to determine your legal rights:
1. Did You Request a Religious Accommodation at Work?
Filing a claim for denial of a religious accommodation requires proof that you requested an accommodation from your employer. Even if you think that your employer knows (or should know) you require a religious accommodation, the onus is still on you to submit a request.
This request does not need to take any specific form—and, technically, it doesn’t even need to be in writing. As the U.S. Equal Employment Opportunity Commission (EEOC) explains, “so long as the employer knows the employee needs a religious accommodation, no ‘magic words’ are required.”
2. Why Did Your Employer Deny Your Request for a Religious Accommodation?
Since employers are allowed to deny requests in some circumstances, it is critical to know why your employer denied your request for a religious accommodation. If your employer is claiming an “undue hardship,” is this valid? Is your employer unaware of its obligations under Title VII or the SHRL? Is your employer discriminating against you based on your religion?
Determining why your employer denied your request will allow you (or your attorney) to determine if the denial was wrongful. Common grounds for employees to pursue claims based on the denial of a religious accommodation request include:
- The claimed “undue hardship” does not meet the threshold for refusing to allow an employee to observe the employee’s religious beliefs or practices.
- The employer unknowingly violated the law (ignorance of the law is not a justification for violating employees’ rights).
- The employer intentionally discriminated against the employee based on his or her religion (even if an employer claims “undue hardship,” this is not a valid justification if the real reason for the denial is discriminatory).
If you have documentation of the reason (or purported reason) for the denial of your request, you should keep this documentation in a safe place until you can share it with your attorney. If necessary, your attorney can seek to obtain additional information through the legal process.
3. Did Your Employer Offer a Reasonable Alternate Religious Accommodation?
As noted above, while employers must generally provide religious accommodations upon request when they are able to do so, employers do not necessarily have to provide the specific accommodation an employee requests. Thus, if your employer offered an alternate accommodation, the question then becomes: Is this alternate accommodation adequate to meet your needs?
If so, you may not have a claim based on the denial of your specific request. But, if it isn’t, then simply offering something is not enough to protect your employer from liability. Here, too, an experienced New York employment attorney will be able to assess the circumstances at hand and advise you regarding the options you have available.
Taking Legal Action Based on the Denial of a Religious Accommodation Request in New York
If your employer has wrongfully denied your request for a religious accommodation, the steps you need to take to assert your legal rights depend on whether it makes the most sense to pursue your claim under state or federal law. In some cases, local laws—like the New York City Human Rights Law—provide relevant protections as well.
Ultimately, you should choose the option that is most likely to provide a satisfactory resolution as efficiently as possible. Your attorney will be able to help you make an informed decision, and to make sure you don’t run out of time to take appropriate legal action, you should schedule a free consultation as soon as possible.
Schedule a Free Consultation with a New York Employment Attorney Today
If you have questions about filing a claim related to your request for a religious accommodation at work, we invite you to get in touch. To schedule a free consultation with an experienced New York employment attorney at Bell Law Group, please call 516-280-3008 or request an appointment online today.
