The SCORE 2016 Issue 1 | Page 30

Religion in the Workplace? T 2016 Issue 1 | THE SCORE 28 he issue of accommodation of religious beliefs has been in the news a lot lately, particularly following the U.S. Supreme Court’s decision allowing samesex marriages. Although the news has focused on the refusal of some public employees to issue marriage licenses to same-sex couples, the requirement for religious accommodation is becoming an area of increasing difficulty for many employers. Fortunately, most employers know that as a matter of law, they are required to provide an accommodation for their employees’ religious beliefs. Although not required to provide an accommodation at all costs, if the necessary accommodation does not pose more than a minimal burden on the employer (i.e., not an undue hardship), it must be provided. For example, if an employee is prohibited by her religion from working from sun down Friday to sun down Saturday, and the employee can be excused from working during those time periods, then it must be provided. Although employers are aware of the need to provide an accommodation, there remains confusion as to when that obligation arises: Law Protects All Religious Beliefs, Not Just Traditional Beliefs A common misperception is that the law only protects traditional, organized religions such as Christianity, Judaism, Islam, Hinduism and Buddhism; however, the law also covers by Douglas H. Duerr religious beliefs that are new, uncommon, not part of a formal church or sect, only subscribed to by a small number of people, or that seem illogical or unreasonable to others. Religion typically concerns “ultimate ideas” about “life, purpose and death.” Social, political or economic philosophies, as well as mere personal preferences, are not “religious” beliefs protected by federal (and most state) law. Importantly, the law only provides protection (i.e., an accommodation obligation) when the religious belief is “sincerely held.” How do you determine whether a belief meets this requirement? First, you should assume that when there is a request for a religious accommodation, the belief is sincerely held, even if it is not a belief that you are familiar or agree with. If there is reason to question sincerity, then verification can be requested. There is no specific form of corroboration that can be required or permitted, but a good place to start is by having the employee write out the belief and the basis for it. If independent verification is appropriate under the circumstances, then that need not always be provided by a religious official, but by a third party confirming the employee has expressed the belief previously. It is important, however, not to require too much or inappropriate evidence to “prove” the sincerity of the belief. When can evidence be requested? Again, there is no bright-line test or standard, but it may be appropriate when: