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Religious Accommodations: Don’t Get Cross, Get Creative
May 26, 2016 4:36:06 PM

At some point or another, requests for religious accommodations have plagued us all. (See what I did there?) But here’s the good news: while requests for religious accommodations can and do vary depending on a variety of factors (the religion practiced, the work environment, dress code, observances, etc.), there are some basics that we can all benefit from learning. So here is what I hope is merely a refresher.

A request for a religious accommodation can look like a request to take time off to observe a religious holiday or to observe his/her Sabbath, a request to wear religious garb or to stray from a mandated dress code, or a request to take periodic breaks for prayer. (Note that these are just a few examples—but for those of you who are gracious enough to still be reading this, I don’t want to lose you to one of my unrelenting lists). Regardless of the nature of the request, you need to remember two things:

1) Engage the associate in an interactive dialogue; and

2) Give the associate an individualized response to his/her request.

shutterstock_297709193.jpgInteractive Dialogue: Your focus here should be an open, back-and-forth conversation with the associate. Often times this will actually be multiple conversations.  Provide the associate with an opportunity to express his/her need for an accommodation, the religious belief for which he/she is seeking the accommodation, and possible suggestions regarding the feasibility of the accommodation. Note that failure to confer with the associate, while not an independent Title VII violation, can get you into a major pickle (official legal term). So, for those of you looking to avoid being the recipient of your boss’s stink eye: engage, engage, engage. Keep the conversation going from both sides of the table, and document your conversation.  

Individualized Response: Depending on the particular request at hand, your options when it comes to an answer/solution are vast. For those of you who like examples, think shift swapping, contingency time off, transfers within the client location, transfer to another client location, etc. Now many of you are probably thinking, “Listen, if I let Mary Magdalene have Saturdays off, then I have to let Simon Peter have Saturdays off if he asks, too.” Well, my friends, fortunately for you, that is the beauty of the individualized response. Accommodations do not have to be “blanket.” In other words, the accommodation might be that Mary Magdalene can have the next three Saturdays off as long as no one in her department is out on vacation, FMLA, sick, etc.,  but she can’t be out on any Saturdays in May because Martha Merry (note: not a biblical reference) is going to be out. If Simon Peter (who works in this same department) then makes the same “no Saturdays” request, the answer might be “no Simon Peter, unfortunately this is an undue burden because we can’t run the line if more than one person is out, and when no one is out for vacation, FMLA, etc., Mary Magdalene is going to be off.”

So, in sum, engage the associate in an in depth conversation, keep the dialogue going, use your creativity when thinking about ways to accommodate, document the process, and provide an individualized answer. Easy enough, right?

Have any more questions regarding employment law for your workforce? Contact us today! Whether you have questions about your contract or direct workforce, we are here to help. 

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