Employers covered by Title VII of the Civil Rights Act are required to reasonably accommodate the religious practices of employees as long as it doesn’t create an undue hardship on the employer’s operations. Determining whether to accommodate (and how to accommodate) an employee or applicant’s request for a religious exception can be challenging, particularly when it comes to employees who request exceptions to the employer’s standard dress and/or grooming policies.
On March 6, 2014, the Equal Employment Opportunity Commission (“EEOC”) issued two new publications to provide guidance on religious dress in the workplace under Title VII of the Civil Rights Act of 1964. The two publications provide information and discussion of the current law as well as practical advice for workplace guidance.
Specifically, the EEOC’s question-and-answer guide, “Religious Garb and Grooming in the Workplace: Rights and Responsibilities,” and the complementary fact sheet answer questions about how federal employment discrimination law applies to religious dress and grooming practices and provide practical examples that will help employers better understand their obligations under Title VII of the Civil Rights Act. Examples of some of the questions addressed by the guide include:
- What if an employer questions whether the applicant’s or employee’s asserted religious practice is sincerely held?
- May an employer automatically refuse to accommodate an applicant’s or employee’s religious garb or grooming practice if it would violate the employer’s policy or preference regarding how employees should look?
- May an employer assign an employee to a non-customer contact position because of customer preference?
- May an employer bar an employee’s religious dress or grooming practice based on workplace safety, security or health concerns?
The publications provide information and discussion of the current law as well as practical advice for employers. A couple of key takeaways include:
- Keep in mind that Title VII defines religion very broadly to include not only traditional, organized religions but also religious beliefs that are new, uncommon, not part of a formal church or sect or may seem illogical or unreasonable to others.
- Title VII only applies to dress or grooming practices that are religious for an applicant or employee, even if other people engage in the same practice for non-religious reasons (such as personal preference or fashion).
- If an employer’s dress and grooming policy conflicts with an employee’s religious beliefs or practices, the employer must make an exception to allow the religious practice unless making an exception would be an undue hardship on the operation of the employer’s business. To comply with Title VII, the employer should consider requests to wear religious headgear on a case-by-case basis to determine whether the identified risks actually exist in that situation and pose an undue hardship. Relevant facts may include the individual’s job, the particular garb at issue and the available accommodations.
- An employer cannot exclude someone from a position because of the discriminatory religious preferences of others, including customers, clients and co-workers. Customer preference is not a defense to a claim of discrimination.
Employers should review these guidance documents in order to ensure no violations of Title VII are occurring in the workplace. These new two publications provide practical guidance and understanding for the EEOC’s enforcement against religious discrimination.
Should you have any questions, please contact Mary Kate Liffrig at mliffrig@wp.hallrender.com or 317.977.1455 or your regular Hall Render attorney. Special thanks to Janice Pascuzzi, Law Clerk, for her assistance with the preparation of this blog post.
