New York City is easily one of the most diverse cities in the world. That includes religious affiliation. New Yorkers come here from everywhere on the globe, bringing a multitude of faiths and beliefs with them.
While most everyone knows that employment discrimination based on someone’s religion is illegal (with exceptions for religious-based organizations), many people think this applies only to the most common religions.
Religious protections extend further, however. The U.S. Equal Employment Opportunity Commission (EEOC) states, “The law protects not only people who belong to traditional, organized religions, such as Buddhism, Christianity, Hinduism, Islam, and Judaism, but also others who have sincerely held religious, ethical or moral beliefs.”
“Reasonable religious accommodation” and “undue hardship”
Part of this protection from discrimination is the requirement of employers to “make a reasonable religious accommodation” for an employee’s sincerely held beliefs “unless doing so creates an ‘undue hardship’ on the employer,” according to the New York Attorney General’s Civil Rights Bureau. That includes allowing employees to wear clothing like a Hijab or facial hair, letting them have time during the workday for prayer and allowing days off for religious observances.
The AG’s Civil Rights Bureau further states, “Protected religious beliefs include not only those of traditional, organized religions, but also beliefs that are not part of a formal religion or sect, even if practiced by relatively few people.”
Everyone practices their religious faith in different ways. No two Catholic employees adhere to exactly the same beliefs and practices, and all people of the Jewish faith are not equally observant.
Employers need to be aware of that and not deny one person’s request for an accommodation because others haven’t made the same request – or question why they may not have made it in the past. Further, the law protects practices whether they’re specifically “required” by the faith or not.
Where employees may bump up against “undue hardship” exceptions are when a number of people need a religious holiday off that isn’t a recognized employee holiday. Giving everyone who practices a particular faith the day off could be impossible for an employer.
It’s best when employers and employees can work together
Religious accommodation generally works best for employers and employees if both recognize the other’s needs. For example, employees shouldn’t wait until the last minute to ask for a day off or to leave early.
If someone is suffering religious discrimination at work, it’s usually best to try to resolve the matter through the appropriate channels there. If that doesn’t work, or if those efforts are met with retaliation, getting legal guidance may be the best option.