Religious Discrimination and Accommodation

An Overview

Title VII of the Civil Rights Act of 1964 (Title VII) prohibits federal agencies from discriminating against employees or applicants because of their religious beliefs or practices in hiring, firing, and other terms, conditions, and privileges of employment. Additionally, Title VII requires federal agencies to reasonably accommodate employees’ or applicants’ religious beliefs or practices unless doing so would impose an undue hardship upon the Agency.

DEFINING RELIGION AND RELIGIOUS DISCRIMINATION

The Equal Employment Opportunity Commission (EEOC) defines “religious beliefs” to include theistic beliefs (i.e., those that include a belief in God) as well as non-theistic moral or ethical beliefs about right and wrong that are sincerely held with the strength of traditional religious views.  In most cases, whether a practice or belief is religious in nature is not an issue. Religion typically concerns “ultimate ideas” about “life, purpose, and death.” Social, political, and/or economic philosophies and personal preferences are not “religious” beliefs. It is important to consider that an individual’s religious beliefs may change over time. Additionally, individuals may choose to adhere to some tenets of their religion but not others, and individuals may have a sincere belief in a religious practice that is not observed by other followers of their religion.

Title VII also protects employees or applicants from discrimination if they do not subscribe to a particular religious view and/or are atheists. Religious discrimination can also involve treating someone differently because that person is married to (or closely associated with) an individual of a particular religion or because of their connection or perceived connection with a religious organization or group. An employee cannot be forced to participate (or not participate) in a religious activity as a condition of employment.

RELIGIOUS ACCOMMODATION

Title VII requires federal agencies, upon notice of a request, to reasonably accommodate an employee whose sincerely held religious beliefs, practices, or observances conflict with a work requirement, policy, or practice unless the accommodation would create an undue hardship.

*Note: A request for a religious accommodation is not the same as a request for an accommodation based on a disability or medical condition. There is a separate process for accommodations based on a disability, including separate forms, which should not be used when seeking an accommodation for sincerely held religious beliefs, practices, or observances.*

What is a religious accommodation?

A religious accommodation is any adjustment to the work environment that will allow an employee or applicant for employment to practice their religion. The need for religious accommodation may arise where an individual’s religious beliefs, practices, or observances conflict with a specific task or requirement of their position or an employment application process. Accommodation requests often relate to work schedules, dress and grooming, or religious expression in the workplace. If it would not pose an undue hardship, the employer is legally obligated to grant the accommodation.

What is an undue hardship?

An Agency may justify a refusal to accommodate an individual’s religious beliefs, practices, or observances if the Agency can demonstrate that the accommodation would cause an undue hardship. In Groff v. DeJoy, 143 S. Ct. 2279 (2023), the Supreme Court declared that “undue” would amount to meaningful costs, rather than the de minimis burden that was previously accepted.

Undue hardship is shown when a burden is substantial in the overall context of an employer’s business, considering all relevant factors in the case at hand, including the particular accommodations at issue, and their practical impact in light of the nature, size, and operating cost of an employer.

To deny an accommodation based on cost, an employer must demonstrate that the accommodation will substantially increase costs. In our case, cost is assessed considering DOL as whole.

An accommodation may cause undue hardship if it compromises workplace safety, decreases workplace efficiency, infringes on the rights of other employees, or requires other employees to do more than their share of potentially hazardous or burdensome work. The hardship upon the Agency must be genuine and based on cost estimates or historical pricing and cannot be merely speculative.

How does the religious accommodation process work?

In requesting an accommodation, an employee or applicant must make the Agency aware of the need for an accommodation based on a conflict between the individual’s religious belief, practice, or observance and their work duties or the Agency’s hiring process (for applicants for employment).

Examples of religious accommodations may include:

• Scheduling changes (arrivals, departures, floating/optional holidays, flexible work breaks, and any other scheduling changes);
• Voluntary shift substitutions and/or swaps;
• Modifications of marginal functions, such as changes of position tasks;
• Modifications to workplace practices, policies, and procedures;
• Designating an unused or private location in the workplace where a religious practice or observance can occur if desired and does not disrupt other workers;
• Allowing dress or grooming practices that an employee has for religious reasons, including, for example, wearing head coverings or other religious dress (such as a Jewish yarmulke or an Islamic hijab) or wearing certain hairstyles or facial hair (such as Rastafarian locks or coils or Sikh uncut hair and beard); and
• Respecting an employee’s observance of a religious prohibition against wearing certain garments (such as pants or miniskirts).

Employees should make requests for religious accommodations directly to their Supervisor or Agency Workplace Equality Compliance Officer (WECO) and specify what accommodation they are seeking, including any relevant dates or times by which the accommodation is needed. Although not required, employees may use the Religious Accommodation Form to submit their request for a religious accommodation.  Employees may use this form as a guide, or Supervisors may request the form to assist them in their consideration of the request.  If the form is used, employees should submit it to their Supervisors directly or to their Agency WECO.

*Note: this form is for use by DOL employees, not applicants for DOL employment. Applicants may make requests to the Human Resources representative who may need to adjust the application process or timeline to ensure the accommodation is addressed to permit effective participation. *

The request for an accommodation may trigger an interactive process or discussion between the Supervisor (in consultation with the Agency WECO) and the individual making the request to review the request and assess available options, particularly if the Supervisor/WECO reasonably needs more additional information. Supervisors should consult with WECOs and/or the Office of the Solicitor (SOL) to consider the requests and engage in an interactive discussion with the employee. 

If the requested accommodation is straightforward and does not appear to pose any burden to the Agency, Supervisors should approve the request as promptly as possible. In such cases, Supervisors should make WECOs aware of the request and proposed response. A formal memorandum granting a requested accommodation may or may not be required, but Agencies should strive for consistency in the form and issuance of decisions on these requests. If a Supervisor determines that an effective alternative accommodation may be provided, that is an accommodation other than the specific request made by the employee, the Supervisor should issue a memorandum explaining how and why the alternative was deemed appropriate. A Supervisor must consult with the WECO and SOL if a Supervisor is considering denying the requested accommodation. Supervisors should make every effort to make a decision prior to any relevant date or time associated with a requested accommodation and, generally, no more than ten (10) business days from the date of the request.

Can employees request reconsideration after a request is denied?

If an Agency denies an accommodation request (including an effective alternative), an individual may seek reconsideration within ten (10) business days after receiving such decision. Employees should make requests for reconsideration in writing to the Agency WECO who willforward the request to the Agency Official designated to reconsider decisions on religious accommodations. When an employee requests reconsideration, they may present additional information in writing in support of the request. The Agency’s Designated Official will provide a written response to the request for reconsideration within fifteen (15) business days of the WECO’s receipt of the written request. Supervisors should allow interim accommodations if needed, and whenever possible until a final decision is made.
Requests for accommodations, as well as the religious beliefs, practices, or observances prompting the requests are confidential and should only be disclosed to officials with a need-to-know.

Religious Discrimination & Harassment

It is unlawful to harass a person because of their religion. Harassment can include, for example, offensive remarks about a person’s religious beliefs, observances, or practices. Under the Department’s Harassing Conduct Policy (the Policy or HCP), even lower-level infractions, such as teasing or offhand comments related to a protected status, are prohibited. Under the Policy and procedures, any incident should be reported and addressed so that any inappropriate conduct ceases and does not rise to the level of a hostile work environment. 

Harassment becomes illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted). The harasser can be the victim’s Supervisor, a Supervisor in another area, a co-worker, or someone who is not an employee of the Department, such as a contractor.

Employee Best Practices

• Employees who are the recipients of unwelcome conduct relating to their religion (or non-religiousness) should inform the individual engaging in the conduct that they wish it to stop. If the conduct does not stop, employees should report it to their Supervisor or Agency Workplace Equality Compliance Office (WECO) in accordance with the procedures established in the Department’s HCP. A list of current WECO Officers can be found using the following link: Workplace Equality Compliance Officers | U.S. Department of Labor (dol.gov)
• Employees who seek to proselytize in the workplace should cease doing so with respect to any individual who indicates that the communications are unwelcome.
• Employees who are not comfortable confronting the individual in question should report the conduct to their Supervisor or a member of Management in their supervisory chain of command or, if necessary, the Agency’s WECO or the Civil Rights Center (CRC).

Contact Information

If at any time you think that you have been subjected to discrimination and/or denied an accommodation based on religion, contact an EEO Counselor (or CRC) within forty-five (45) days of the alleged discriminatory event to preserve your right to file an EEO complaint. More information on the EEO complaint process can be found using the following link: How to File an EEO Complaint | U.S. Department of Labor (dol.gov)