Tag Archive for: Accommodating Religion

Seeking Religious Accommodations at Work in Minnesota

Title VII protects employees from religious discrimination in their workplace. In addition to this federal law, which applies to employers who have at least 15 employees, most states have similar laws with lower minimum-employee requirements. These laws not only prohibit discrimination in word and action but also require employers to make reasonable accommodations which allow their employee to practice their religion “on the job.”

Keep in mind that your employer is also protected from providing accommodations that place an undue hardship in either actual costs or inconvenience. Although they are legally obligated to work toward an acceptable accommodation, they do not have to meet your exact request. Furthermore, your employer also has the right to ask for an explanation of your beliefs and to expect your lifestyle to support your convictions. And finally, while your religious beliefs are part of who you are, and you have the right to share your faith. However, does not permit you to proselytize or harass coworkers. If a coworker asks you not to talk to him/her about your religions – don’t.

How to Seek Accommodations-

So, assuming your religious beliefs are genuine, how do you seek accommodations for these beliefs and practices while at work?

1. Begin with the right attitude. Portraying a spirit of consideration and cooperation will go a long way in obtaining satisfactory religious accommodation. On the other hand, reciting the law or suggesting a potential lawsuit if they don’t honor your request only leads to negative and potentially volatile situations.

2. Take time to research your employer’s policies regarding requests for religious accommodations.

3. Request a meeting with your manager.

4. Open with a statement of appreciation for their leadership (not false flattery, but a sincere thank you.)

5. Explain that you are seeking accommodations that will enable you to practice your religious convictions while on the job. Be prepared to share your beliefs and what activities you desire to participate in during the day. For example, if you have a set time for prayer or desire to wear specific attire, such as a head covering.

6. Come with suggestions for how your employer can accommodate your beliefs but be willing to hear out their response. Perhaps your suggestion will cause undue hardship in a way that you didn’t foresee. Listen to their ideas. The best solutions are usually a compromise.

7. Present your requests in writing, even when the initial appeal was verbal. This will help prevent misunderstandings and confusions later.

8. Assure them that you will fulfill your responsibilities and accomplish all assigned tasks. Present a specific way for you to “make-up” for anytime spent in prayer or other religious activities.

9. Keep a dated record. Include who you talked to, what your request was, and whether it was accommodated.

10. Be flexible and willing to do your part. End the meeting discussing potential accommodations the same way you started – with an attitude of peace and cooperation.

Ultimately, when and how you present your case goes a long way in the end result. Taking the above steps seriously will almost always ensure appropriate accommodation. If, however, you have taken the necessary measures with a cooperative attitude and your employer refuses, you may have to take legal action. In this case, be careful, be cautious, and be certain that you have covered all the bases.

Award Staffing is a diversified staffing company. We hire associates based on skills, experience, education and their fit to a company’s culture. We work with equal opportunity employers, who do not discriminate on religious or other diversities. Contact us today if you are looking for a new job opportunity.

Religious Accommodations in Minnesota Workplaces

Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on religion. employers must reasonably accommodate an employee’s sincerely held religious beliefs unless doing so would impose an undue hardship on the employer. Nondiscrimination includes making accommodations for an employee’s sincerely held religious, ethical, and moral beliefs, or practices unless the accommodation would impose an undue hardship on the business or create serious safety issues. A reasonable religious accommodation is any adjustment to the work environment that allows employees to practice their religion or sincerely held ethical or moral beliefs.

Title VII includes a broad definition of religion. In addition to traditional, organized religions such as Christianity, Judaism, Islam, Hinduism, and Buddhism, it may also include the religious beliefs of a singular person or a small group, providing that they are sincere and in continuity with their lifestyle.

The responsibility of religious accommodation, however, falls on both the employer and the employee. The employee must be sincere in their belief and initiate the accommodation by making a request. The employer must then offer accommodations, providing they do not cause undue hardship on the business. The employee and employer must work together to create an acceptable solution.

So, what are common requests for religious accommodations?

• Dress and Grooming: Dress codes and/or required uniforms are often at the root of a religious accommodation. While often designed for practicableness and safety, they may create a conflict with religious practices. For example, a uniform that includes pants will create a conflict for a Muslim, Pentecostal Christian, or Orthodox Jewish woman who only wears skirts, and a no hats rule will not work for religions which require specific head coverings, such as a yarmulke, headscarf, hijab, or turban. Another issue may arise with religious-motivated tattoos or hairstyles.

• Work schedule changes, leave requests, and daily prayer times: From requesting a both an allotted time and a specified place for prayer several times/day to requests for not working on their Sabbath day, religious employee requests abound. For example, a Catholic or Protestant employee may need to be off on Sundays and specific holidays, such as Good Friday while a Jewish employee may require time off from every Friday at sunset to Saturday after sunset and a native American may request time off for religious ceremonies.

• Religion and Job Responsibilities: While many job responsibilities don’t create issues, conflicts with religious observances do arise. For example, some religions ban the handling of specific meats, such as pork. While assisting in any responsibilities tied to birth control may be a conflict in other religions.

How can my business accommodate religious issue in a practical manner?

While it can be a challenge, religious accommodations that work can usually be found. Common solutions can include modifications to workplace practices, policies or procedures; schedule changes/shift swaps; changing tasks or job reassignments; adjustments to dress and grooming rules or use of work facilities for religious purposes. The following best practices will help you achieve positive, harmonious results.

• Establish policies for religious accommodation and communicate those policies to all employees – white collar and blue collar.

• Encourage a positive attitude among managers and supervisors and lead the way in treating everyone with respect.

• Consider each request individually. Ask questions and respond with an attitude of helpfulness in finding an accommodation that both covers the employee’s issue without creating a hardship for the business or other employees.

• Be as flexible as you in regards to scheduling. This is applicable not only when adapting an employee’s schedule to his/her beliefs/practices but considering potential conflicts when planning work events. For example, don’t schedule a Saturday company picnic if you have employees who celebrate their Sabbath on Saturday.

• Take care in every aspect of a planned company event. For example, if you must offer roast pork for a company dinner, then be sure to have other options available for those who refrain. Celebrate non-religious holidays. Make party attendance voluntary. Keep the music and playlist work-appropriate. If the organization donates to charity during the holidays, choose the recipient organization carefully. Some charitable organizations have religious affiliations that not all employees embrace, so alternatives should be offered.

• Don’t allow management staff or other employees to retaliate against or segregate an employee who is being accommodated. Beware of letting your decisions be influenced by the comments/complaints of other employees or even customers.

• Avoid snap judgments, which can result in a lawsuit. Train your management staff considers all angles before responding to a request. Create a system of steps to follow wherever a request for religious accommodation is made.

• Be careful not to let the pendulum of accommodation sway too far off balance in the other direction. Yes, your employees have a civil right to express their beliefs, but they don’t have a right to harass other employees. Balance freedom of religious expression with freedom from such harassment.

What constitutes an undue hardship on my company?

The courts have proven to be fair in determining undue hardship on companies. For example, on one hand, you could set the times for all-staff breaks to accommodate a couple of the prayer times of your Muslim workers. On the other hand, if a factory had a large segment of Muslims who wanted to leave the assembly line several time/per day for prayer, causing a costly break in production, it would be considered a hardship. Other examples of situations ruled as a hardship include (but isn’t limited to) when the requested accommodation:

• Violates a company’s seniority system
• Creates a staffing shortage
• Jeopardizes safety, security, or health-
• Creates a costly situation – such as the above-mentioned production shutdown.
• Results in paying other employees increased over time.

In Summary

In many instances, there is almost nothing more important to an employee that his or her religious beliefs. The law recognizes that and requires employers to make accommodations for religious beliefs within the workplace, providing the allowances don’t create an undue hardship. While this can be challenging, positive, cooperative attitudes and communication from both the employee and management staff ensure success. Because there are many nuances and differences, it is best to have an overall policy but respond to each case individually. What works well for one employee might not work in another employee’s position. Research has shown that employers who are willing to provide religious accommodations benefit tremendously and can improve their bottom lines.

 

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