State and federal laws prohibit most employers in New York from discriminating against their employees based on their employees’ religious beliefs. Along with avoiding discriminatory acts (i.e., firing or refusing to promote an employee based on the employee’s religion), employers must also provide “reasonable accommodations” to employees who request them. As the U.S. Equal Employment Opportunity Commission (EEOC) explains:
“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, unless providing the accommodation would create an undue hardship for the employer. The law aims to prevent individuals from being forced to choose between their religious convictions and practices and their job.”
The New York State Human Rights Law and New York City Human Rights Law impose similar requirements. As an employee in New York, what does this mean for you? Here is a look at some examples of religious accommodations, what it means for an accommodation to be “reasonable,” and what you can do if your employer denies your request for a religious accommodation in New York:
Examples of Religious Accommodations in the Workplace
Before we discuss some examples of religious accommodations in the workplace, it is important to clarify that every employee’s circumstances are unique. As a result, what works for one employee won’t necessarily work for another. Along with employees’ specific religious beliefs and practices, their employment duties, place of work, employer size and various other factors are relevant as well. When requesting religious accommodations, employees should think carefully about options that will meet their needs without creating an undue hardship for their employer.
With this in mind, some examples of potential religious accommodations include:
- Scheduling changes so that employees can observe religious holidays or commitments
- Approval to wear religious clothing that conflicts with an employer’s standard dress policy
- Approval for a hairstyle or facial hair that conflicts with an employer’s standard grooming policy
- Accommodations for prayer during the work day
- Excusing employees from certain job duties that conflict with their religious beliefs
These truly are just examples—and, even with these examples, specific religious accommodations can take many different forms. For example, if an employee needs time off to observe a religious holiday, switching shifts with a coworker may be a more suitable alternative to simply taking the day off (although this may not be an option in all cases). Similarly, if an employee needs accommodations for prayer during the work day, then providing the employee with a quiet room where he or she can pray at work may be a viable solution that works for both the employer and the employee. As we discuss below, it can be important to consider these types of compromises, as employers are not required to grant all religious accommodations that their employees request.
What Constitutes a “Reasonable” Accommodation for a Religious Belief or Practice
Employers that are covered under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law or the New York City Human Rights Law must grant employees’ requests for reasonable religious accommodations. So, what does it mean for an accommodation to be “reasonable”?
Generally speaking, a religious accommodation is reasonable if it does not create an “undue hardship” for the employer. As the EEOC also explains, “[a]n accommodation may cause undue hardship if it is costly, compromises workplace safety, decreases workplace efficiency, infringes on the rights of other employees, or requires other employees to do more than their share of potentially hazardous or burdensome work.”
Based on these factors, what constitutes a reasonable religious accommodation can vary not only from employer to employer, but also from employee to employee. While the costs of granting certain religious accommodations may be prohibitive for smaller employers, they may be more than reasonable for larger companies. Similarly, while some employees may need to be on the job on certain days or at certain times of day, a religious accommodation is far more likely to be considered “reasonable” if an employee who requests an accommodation has a coworker who can fill in.
While employees should think carefully about the accommodations they request and tailor their accommodation requests to their specific religious needs, it is also important to note that employers cannot flatly deny requests when “reasonable” alternatives are available. If an employee’s specific request would create an undue hardship but a suitable alternative accommodation would not, then the employer must generally work with the employee to achieve a mutually satisfactory resolution.
What You Can Do if Your Employer Denies Your Request for a Religious Accommodation
Given what we’ve discussed thus far, what can (and should) you do if your employer denies your request for a religious accommodation in New York?
If granting a religious accommodation would not cause your employer undue hardship, you may have a discrimination claim under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law or the New York City Human Rights Law. In this scenario, you will want to discuss your options with an experienced New York religious discrimination lawyer promptly. Unfortunately, wrongful denials are not uncommon, and in many cases, employers simply are not aware of their legal obligations.
If your employer was not aware of its legal obligations, your lawyer may be able to work with your employer to secure a reasonable accommodation on your behalf. But, your lawyer can also take legal action on your behalf if necessary. As an employee, standing up for your religious rights is important, and an experienced lawyer will be able to help you make informed decisions with your long-term best interests in mind.
Schedule a Confidential Consultation with a New York Religious Discrimination Lawyer at Bell Law Group
Do you need to know more about your religious rights as an employee in New York? If so, we invite you to get in touch. To schedule a confidential consultation with a New York religious discrimination lawyer at Bell Law Group, please call 516-280-3008 or request an appointment online today.
