Hot(line) Topics: Real-World Religious Accommodation

By Ben Opp, SPHR, HR Hotline & Content Advisor
Published November 5, 2024

Q: Our employee says he is uncomfortable working on a project for a client in the cannabis industry – he has moral objections to cannabis use which are based on his religious beliefs. Do we have to take him off the project?

This employee is requesting a religious accommodation. State and federal anti-discrimination laws require employers to make accommodations for employees’ sincerely held religious beliefs and practices, which might include removing an employee from a project when the nature of the work or the client’s industry conflicts with a religious belief (as long the accommodation does not pose an undue hardship).

The Equal Employment Opportunity Commission (EEOC) offers helpful examples of this type of conflict and accommodation:

“… a Christian pharmacy employee needs to be excused from filling birth control prescriptions, or a Jehovah's Witness seeks to change job tasks at a factory so that he will not have to work on producing war weapons …”

Start by having a conversation with this employee to better understand the details of their request and the extent to which it would impact operations. Keep in mind that the Supreme Court’s 2023 decision in Groff v. DeJoy raised the standard an employer must meet to show undue hardship in such situations.

Q: An employee is requesting a private place to pray at work during her breaks. We have a dedicated mother’s room, but no employees currently need it. Can this room serve double duty for this religious accommodation?

While the law does not require you to provide a dedicated or exclusive space for either lactation or prayer, a dual-use space is not recommended. If the need for prayer is temporary (perhaps due to a seasonal religious observance), and you’re completely sure the room is not currently needed for lactation, this might be a workable short-term solution. But, given your obligation to discretely address both lactation needs and religious practices, we highly recommend identifying separate spaces with no chance of overlap.

Q: A wonderful candidate just accepted our job offer. We noted during her interview that she wears a hijab, and we want to provide a welcoming environment. Can we proactively ask if she will need a workplace accommodation regarding prayer?

Your proactivity is laudable, but you should let the employee take the first step if she needs accommodation. Religious practices vary widely, even within a particular faith tradition, and you should not make assumptions about an individual employee’s practices based on their clothing, jewelry, or other observations.

Need help with a religious accommodation request? Our team stands ready to support HR Source members at 800-448-4584 or via the HR Hotline Online.