What to Do When an Employee Requests a Religious Accommodation for Their Schedule
An employee has told you they cannot work on a specific day, cannot work certain hours, or needs schedule flexibility due to their religious beliefs or practices. Before you respond, you need to understand what the law requires because this is an area where well-intentioned employers frequently make expensive mistakes. Don’t make the same.
The Legal Framework: Title VII
Title VII of the Civil Rights Act requires employers with 15 or more employees to provide reasonable accommodations for sincerely held religious beliefs, practices, and observances, unless doing so would create an undue hardship for the business. To put it simply: proving undue hardship is difficult.
A 2023 Supreme Court decision significantly raised the standard for what constitutes undue hardship, making it harder for employers to deny religious accommodations than it previously was. The current standard requires a showing of substantial increased costs in relation to the conduct of the business, not merely more than a de minimis burden as was previously the standard.
Important: some state laws cover smaller employers. Check your state's requirements if you have fewer than 15 employees.
What 'Sincerely Held' Means
You are not permitted to question whether the employee's religious beliefs are mainstream, formally recognized, or shared by others. A sincerely held religious belief is the employee's own. It does not need to be verified by a clergy member, consistent with official doctrine, or shared by anyone else. The only relevant question is whether the employee sincerely holds the belief.
You can ask for information sufficient to understand the accommodation needed. You cannot interrogate the legitimacy of the belief itself.
The Interactive Process
When you receive a religious accommodation request, engage in an interactive process, which is a good-faith dialogue with the employee about what they need and what options exist. This is not a negotiation; it is a collaborative conversation about how to meet the need.
Ask the employee what specific accommodation they are requesting and why
Consider what options exist: schedule adjustment, shift swap, alternative days off, flexible start/end times
Evaluate whether the proposed accommodation creates substantial increased costs or operational hardship
Document the conversation and the options considered
If You Cannot Provide the Exact Accommodation Requested
You are not required to provide the employee's preferred accommodation, only a reasonable one. If the specific request creates an undue hardship, explore alternatives. If a Friday afternoon off is not possible, is a modified schedule possible? If a full day off is not operationally feasible, is a partial day possible?
Document why each option was considered and what was ultimately determined. The documentation of good-faith engagement with the process is as important as the outcome. Do your best to accommodate.
What You Cannot Do
Deny the request without engaging in the interactive process
Retaliate against the employee for making the request
Apply stricter standards to this employee's schedule or performance following the request
Question the legitimacy or sincerity of the religious belief
Our handbook template includes an accommodation request policy covering both religious and disability accommodations, with the interactive process structure and documentation requirements that protect you when these requests arise. It comes editable in a Word document + PDF. Available for instant download, and was created by a SHRM-SCP certified HR professional.
Questions about this or other HR topics? Visit pragmatichrgroup.com for more resources.
