Requirements for Religious Holidays
October 9, 2012
By Keisha-Ann G. Gray
Question: We employ people of many different religious faiths. With a lot of religious holidays coming up, are we as employers required to give our employees days off for their religious holidays? If so, do we have to give them paid time off?
Answer: Employees often request days off for religious observances/holidays. Although there is no federal law that requires an employer to give employees days off for religious holidays, employers may not treat employees more or less favorably because of their religion affiliations, and employees cannot be required to participate or refrain from participating in religious activity as a condition of employment. Specifically, under Title VII of the Civil Rights Act of 1964 ("Title VII"
, employers have an affirmative duty to provide a reasonable accommodation to employees for religious observances, such as requesting a day off to observe a religious holiday, unless the employer can demonstrate that providing such a reasonable accommodation would result in an "undue hardship" on the employer. 42 U.S.C. § 2000e(j). Title VII prohibits employers from discriminating against employees on the basis of religion. 42 U.S.C. § 2000e-2)(a). Title VII defines "religion" as "all aspects of religious observance and practice, as well as belief, unless an employer demonstrates that he is unable to reasonably accommodate to an employee's or prospective employee's religious observance or practice without undue hardship on the conduct of the employer's business."42 U.S.C. § 2000e(j). Many states and local laws also include requirements for employers to provide a reasonable accommodation for employees' religious observance.
Reasonable Accommodation for Religious Holidays
The Equal Employment Opportunity Commission defines "reasonable accommodation" as "[a]ny adjustment to the work environment that will allow the employee to comply with his or her religious beliefs."See EEOC Compliance Manual, "Section 12: Religious Discrimination," at 46. However, a reasonable accommodation is "subject to the limit of more than de minimis cost or burden." Id. First, an employee must notify his or her employer regarding a request for a day off for religious observance for the employer to recognize that the religious observance will conflict with work. The EEOC has recognized that an employee's need for an accommodation frequently arises as related to work schedule, and the "[e]mployer's duty to accommodate will usually entail making a special exception from, or adjustment to, the particular requirement so that the employee or applicant will be able to practice his or her religion." See EEOC Compliance Manual, at 46. The EEOC Guidelines ("Guidelines" provide examples of methods employers may use to accommodate employees' religious observances as related to work schedule. 29 C.F.R. § 1605.2(d). Some examples include:
*"Volunteer Substitutes and Swaps -- reasonable accommodation without undue hardship is generally possible where a voluntary substitute with substantially similar qualifications is available. . .the Commission believes that the obligation to accommodate requires that employers and labor organizations facilitate the securing of a voluntary substitute with substantially similar qualifications."29 C.F.R. § 1605.2(d)(i).
http://www.hreonline.com/HRE/story.jsp?storyId=533351761
More of this handy primer at link.
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