Accommodating Religion in the Workplace is a Balancing Act

Religious issues in the workplace often involve conflicting values and claims. Legally, both the federal Civil Rights Act and state anti-discrimination laws come into play. This article focuses on the federal law, which bars discrimination against employees on the basis of their religion by way of adverse employment actions, harassment, or the failure to reasonably accommodate an employee’s religious beliefs.

Discrimination occurs when employers take adverse action against an employee or potential employee based on the person’s religious beliefs, practices or observances, or lack thereof. The writers detail the forms of religious harassment barred by federal law. They note federal law also bars tolerating an environment where harassment occurs.

An employer can require employees to participate in workplace activity that conflicts with their religious beliefs if the employer can demonstrate that the accommodation would be an undue hardship. Similarly, employees who do not wish to participate in prayer should be able to opt out – unless the employer can show that excluding them would create an undue hardship. The general principle is that employers must accommodate an employee whose religious beliefs, practices, or observances conflict with a work requirement, unless the accommodation would cause an undue hardship.

The first practical step in addressing the religion in the workplace issue is to establish a policy that makes clear that religious discrimination and harassment are prohibited and explains how to request an accommodation for a religious practice that conflicts with work.