Wrapping Up the Year with Religious Accommodation Best Practices

As the holiday season approaches, New Jersey employers will likely face an increase in requests to accommodate employees’ religious observances. Such requests may include time off for religious holidays, modifications to work schedules, or adjustments to policies to accommodate religious practices during the workday. It is important for employers to understand their duties and obligations with respect to, as well as the limitations of, such requests. Doing so will foster a more productive and inclusive workplace, and will avoid costly litigation.

Under Title VII of the Civil Rights Act of 1964, employers are prohibited from discriminating against employees on the basis of religion. This includes an obligation to provide reasonable accommodations for employees’ religious practices unless doing so would impose an undue hardship on the employer. In New Jersey, the New Jersey Law Against Discrimination (NJLAD) offers similar protections, reinforcing employers’ duties to accommodate religious observances.

The first step in this process should be for employers to engage in an interactive process with the employee. This means to negotiate in good faith to attempt to find a mutually acceptable resolution to the accommodation request that is reasonable. Examples of reasonable accommodations include flexible scheduling, voluntary shift swaps, and permitted use of paid or unpaid leave for religious holidays. While the law requires accommodations, it does not mandate them if they create an undue hardship on the employer. In this context, “undue hardship” is an accommodation requiring significant difficulty or expense on the part of the employer, due to financial cost, workplace disruption, and the impact on other employees’ rights.

This process does not fall squarely on the employer, however. Employees should be expected to notify their employer of their need for a religious accommodation as early as possible. Sudden or last-minute requests can complicate the accommodation process and may limit the employer’s ability to reasonably provide a solution. Employees also have a duty to be reasonable during the interactive process, including being flexible and open to alternative solutions if the initial request is not feasible.

While the law supports religious accommodations, there are limits. For example, an employer is not required to fundamentally alter job duties, approve accommodations that compromise workplace safety, or infringe on the rights of other employees.

To get out ahead of these issues and effectively address them, employers should consider drafting a well-crafted policy on religious accommodations to provide clarity and set expectations for both employees and managers. Supervisors should be trained to recognize accommodation requests and handle them appropriately, ensuring compliance with legal requirements. Finally, the entire process should be well documented, which would be crucial in defending against potential claims of discrimination.

About the Author

Robert Devaney, an associate with the firm, concentrates his practice in labor & employment law, education & school law, and family law. Robert focuses a large part of his practice on working with Military Veterans with their labor, employment, and family law matters. Having served in the United States Marine Corps for nine years before receiving his Honorable Discharge, Robert has a unique understanding of the issues that Veterans face in these areas. For example, he serves as legal counsel to the New Jersey Veterans Network.