Handling Employee Requests for Religious Accomodations

Whether you’re running a large corporation or a small business, it can be challenging to properly reply to employee requests for religious accommodations. However, if you’ll listen carefully to what’s being asked and thoughtfully weigh all your options, you should be able to respond appropriately. As the employer, it’s your duty to strike the proper balance between honoring a legitimate request and prioritizing the most crucial needs of your business.

Here’s a brief overview of the key topics involved with honoring religion rights in the workplace after receiving employee accommodation requests.

Employment discrimination based on religion is forbidden by law

Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against employees based solely on religion. Upon first learning about this statute, most employers ask how the term “religion” is defined — and exactly when they must fully abide by this law. Stated succinctly, employers should try to make reasonable accommodations based on religious beliefs (and practices) whenever doing so will not place an “undue burden” on their businesses.

How does the EEOC define “religion?”

The Equal Employment Opportunity Commission provides a very broad definition of “religion” that is not limited to just well-known faith groups such as Christians, Jews, Buddhists, Muslims and Hindus. The EEOC states that the employee’s beliefs can be new or uncommon – and separate from those espoused by any formal group or sect. The practice the employee wants to honor must be sincerely held and of a clear, religious nature – as opposed to a mere political, social or economic philosophy.

What are some of the most common types of requested religious accommodations?

  • Permission to attend special worship services during normal work hours;
  • A request by a female employee to wear a headscarf or “hijab” at work;
  • Permission for a male employee to wear his hair long – in keeping with religious beliefs. Some Jewish men also ask to wear “skull caps” or yarmulkes on special religious days;
  • Time off on specific “holy days” – or a day like Saturday or Sunday, in keeping with faith practices;
  • A flexible work schedule that allows for “breaks” during which specific types of prayers may be said;
  • A request to be exempted from specific job tasks, such as dispensing birth control pills or handling specific duties that help advance war efforts. (Members of the Jehovah’s Witnesses and other faith communities might make these types of requests);

While this list is not intended to be exhaustive, it should provide you with a better understanding of the types of accommodations employees may request.

How can employers determine if a request will cause an “undue hardship”?

After making sure you understand the specific nature of each request, you’ll have to decide if your business can still function smoothly if you grant the accommodation. Here are some questions you should be sure to ask yourself.

  • Will making the accommodation prove unduly expensive? For example, what should you do if an employee asks to take off work to attend a Good Friday church service? Will saying “Yes” leave a key job or position uncovered in the person’s absence? Do you have any other employees willing to cover for the individual needing to leave? If no one volunteers to help, can you afford to pay any overtime to a qualified employee (or an outside temp) to cover the position?
  • Is the request one that might violate your company’s legitimate health or safety rules? If so, can you find another way to work out the situation? For example, if a young man wants to wear his hair long in keeping with his stated religious beliefs – can you simply let him wear his hair tied in a ponytail during work hours — or keep it hidden under a work hat that you provide or consider acceptable?
  • Will it prove to be too disruptive to your regular office routine? Should you allow an atheist (or employees of different faiths) to wait and enter meetings normally started with Christian prayers after those prayers have concluded? It might be simpler to just pray with those of like mind at a different time on certain days. That way, you can probably avoid ostracizing those who have said that they don’t wish to take part in your specific prayer practices.
  • Is there a danger that granting one employee’s request to honor faith practices will lead to too many other, similar requests? The EEOC urges employers to consider all requests made very seriously — and to try and accommodate them whenever it’s reasonable. Few employees are likely to abuse this type of request. However, you might consider placing a statement in your employee handbook that all such requests must be made on a sincere basis — and that they’ll probably be granted if they don’t cause any great disruption in the company’s normal workflow – or provision of critical customer services.

All employers, managers and supervisors must avoid all forms of workplace retaliation

Unfortunately, there will always be a few biased supervisors or managers who may resent having to make any religious accommodations. Therefore, you must make sure that once any requests have been granted – the employees are not “punished” in any way.

For example, you cannot force all employees requesting permission to wear special religious clothing, hats or scarves to sit in a back office together where they’ll be less visible. That could be viewed as “retaliation” and make your company vulnerable to a lawsuit based on discrimination.

Conclusion

Be sure to treat every employee’s request for a religious accommodation with sincere respect. And always keep detailed notes in each employee’s file as to why you did or did not grant a request in case there are any later lawsuits. (For example, if you decide a request will prove to be too costly or place an “undue burden” on your business – make sure you can prove that with adequate facts and figures.)

Please feel free to contact one of our Murray Lobb attorneys with any questions you may have about making workplace accommodations based on religion (or disability). We can provide you with the legal guidance you’ll need to keep your business running smoothly.

 

  

Most Common Hiring Discrimination Complaints

In a work world where the average tenure with any given employer is declining, many companies must routinely advertise and fill both new and established jobs. Yet as common as this process has become, every employer must periodically stop and re-evaluate how all job applications are being reviewed, skills tests are being administered and interviews are being granted and conducted.

After all, implicit bias (discriminatory hiring) remains a constant threat to maintaining an even playing field for all job applicants. And though most Texas employees are hired on an “at-will” basis, (allowing them to leave when they choose – and be fired without notice or cause), certain federal, state and local laws forbidding hiring discrimination must still be obeyed.

The most critical laws protecting employees against discrimination are set forth below, followed by examples of the types of hiring questions employers should avoid. Finally, the roles played by the TWC (Texas Workforce Commission) and the EEOC (Equal Employment Opportunity Commission) regarding employee complaints are also briefly noted.

Federal, state and local laws provide many anti-discrimination protections to Texas workers

Both federal laws and Texas statutes have been passed providing job applicants and employees with protections against discrimination on the following grounds.

  • Race
  • National origin
  • Color
  • Religion
  • Sex (including various medical conditions directly related to pregnancy)
  • Age (40 and older)
  • Genetic testing information
  • Disability

Federal law also provides specific employment discrimination protection to applicants who may not be actual U. S. citizens.

Federal laws and related regulations designed to protect workers against discrimination

  • Title VII of the Civil Rights Act of 1964 (Title VII). This law was later amended to include The Pregnancy Discrimination Act
  • The Equal Pay Act of 1963 (EPA)
  • The Age Discrimination in Employment Act of 1967
  • Title I of the Americans with Disabilities Act of 1990 (ADA)
  • Sections 102 and 103 of the Civil Rights Act of 1991
  • Sections 501 and 505 of the Rehabilitation Act of 1973
  • GINA – The Genetic Information Nondiscrimination Act of 2008

Many of the legal rights guaranteed to Texas workers under the federal laws referenced above are also protected (and set forth) in Chapter 21 of the Texas Labor Code. Various Texas cities, including both Houston and Austin, have passed additional anti-discrimination laws to protect their residents with unique sexual orientation and gender identity issues. (Additional information about protecting employee rights is set forth on our Texas Governor’s website.)

Here’s some additional, pragmatic information for handling the job application process.

Company interviewers must carefully avoid asking job applicants these types of questions

While the following list is not intended to be comprehensive, it should heighten your awareness of how careful you must be when trying to learn more about applicants who may have certain special needs or limitations that are not directly related to legitimate job requirements.

  • Do you have any disability? (However, if the applicant has a visually obvious disability — or has voluntarily disclosed one – you can normally ask if any special job accommodations are necessary or required);
  • Are you currently taking any medications that might impair your ability to perform the assigned tasks as described?
  • Have you needed to file any workers compensation claims in the past?
  • Are you pregnant – or planning to have a child during the coming year?
  • Have you obtained the results from any genetic tests during the past 10 years that indicate your likelihood of developing cancer (or another debilitating condition)?
  • Have you ever suffered a heart attack or stroke? Do you have any close blood relatives who have suffered from either of these medical problems?
  • Do you currently suffer from depression, bipolar disorder or schizophrenia – or do any immediate family members have these medical conditions?

Under some circumstances, once you’ve hired a new employee, you may be able to inquire about certain disability-related medical conditions. However, you should discuss all the specific conditions that must exist before asking these questions with your employment law attorneys to avoid violating any of the employee’s legal rights.

The TWC and EEOC help current (and prospective) employees with discrimination concerns

When individuals believe that they’ve endured discrimination while applying for work with your company – or while employed by you, they usually contact the Texas Workforce Commission and the EEOC while deciding whether to file a formal complaint.

Should you learn that such a complaint has been filed, be sure to immediately contact our law firm so we can help you prepare a thorough response, detailing all that your company did to fully respect all employee (or job applicant) rights. We can also discuss with you various proactive steps your company can take to try and decrease the chances of having any further complaints filed against you.

A Review of Basic Texas Landlord-Tenant Laws & Interests

When Texas leases successfully balance the rights and privileges that landlords and tenants most desire, they often help minimize future disagreements and legal challenges. However, before such leases can be drafted, all contractual parties must try to better understand the primary interests of those countersigning the required documents.

In general, stable and responsible tenants want to extend their leases with landlords who provide quality property, respect tenant privacy rights and make all promised repairs promptly. And good landlords want to attract and retain tenants who pay their rent on time, get along well with other tenants — and keep the rented or leased property in good condition. If respectable landlords will also provide all required legal disclosures to prospective tenants, few problems may arise.

Here’s additional information both Texas landlords and tenants should bear in mind while trying to build and maintain good relationships with one another.

Federal laws forbid discrimination and other wrongful practices

Whether renting commercial or residential properties, landlords must avoid violating all

federal statutes and regulations. Perhaps the most important law is the Fair Housing Act that forbids treating anyone unfairly who’s looking for a place to live.

Stated simply, property owners cannot discriminate against prospective tenants based upon their gender, race, color, national origin, disability, family status (regarding whether they have children under age 18 living with them) or religion. This law extends to all sales, rentals and financing of dwellings. Furthermore, as your Houston real estate attorney can explain to you in greater detail, there are Texas state, county, city and municipal laws that also define and extend these rights and obligations. In addition to forbidding discrimination, all these laws are designed to overcome past efforts to segregate society based on poverty and the seven factors named above.

Other federal laws affecting prospective property tenants include the Fair Credit Reporting Act (FCRA) and specific Environmental Protection Agency laws and regulations. After obtaining an FCRA “background check” on a prospective tenant, landlords must allow people to formally dispute negative material in their credit reports with pertinent legal documents.

While respecting all federal, state, local and municipal laws – Texas landlords must also be prepared to provide tenants with numerous disclosures – including those set forth below.

Property information, equipment & disclosures all Texas landlords must provide

Since these can be quite numerous, the following list is merely representative of the more common ones.

  • Name and address of the property owner or property management company that can be contacted about ongoing needs or concerns;
  • All specific, defining rental lease terms. With renters, this must include information about the monthly “final” due date for rent and the acceptable ways to make all payments;
  • Information about the required security deposit – and when it will be returned after a tenant moves out (unless the tenant is no longer qualified to receive it);
  • Special rights of domestic violence victims. They must be informed about their right to withdraw from a lease when being subjected to abuse. While specific procedures must be followed, they should not further jeopardize these tenants;
  • Adequate security devices including window and door locks must be already installed upon move-in. Many state and local laws may also require the presence of fully functional fire extinguishers, smoke alarms and other safety equipment;
  • A clear and firm commitment to make all crucial repairs in a timely fashion. The most critical repairs are those that directly affect the health and safety of tenants;
  • Tenant parking and pet deposit information;
  • Detailed information on how all move-out matters must be handled.
  • Disclosures regarding the possible presence of lead-based paint or asbestos in the units. Likewise, recent bedbug infestations and other similar problems must be disclosed.

While this list isn’t entirely comprehensive, landlords who meet all these basic legal standards are likely to create harmonious relationships with tenants.

Please contact our law firm so we can answer your questions and prepare any rental contracts that you may require. Our experience in this field should allow us to fully meet your needs.