When must employers accommodate employees' religious beliefs?

Employers have an obligation under Title VII of the Civil Rights Act of 1964 to reasonably accommodate the religious practices and beliefs of employees and applicants, unless the employer demonstrates that accommodation would result in undue hardship on the conduct of its business. Both believers and nonbelievers are protected.

Although the validity of religious beliefs can not be questioned, the sincerity with which they are held can be examined.

What types of religious beliefs require accommodation? The EEOC views a religious practice as including moral and ethical beliefs as to what is right or wrong that are sincerely held with the strength of traditional religious views. Chief among these are Sabbath and holiday observances, but the law's protection is not confined to worship. The key question is whether the activity represents a religious obligation or duty --an activity need not be accommodated if it is primarily a social or family obligation, such as preparing for a Christmas play, or if it is political in nature.

The following types of religious practices have been identified by the EEOC as needing accommodation:

• observance of Sabbath or religious holidays
• prayer breaks during working hours
• dietary requirements
• not working during mourning period for a deceased relative
• prohibition against medical exams
• prohibition against membership in labor or other organizations
• dress and personal grooming habits.
• Courts have found that employers must accommodate the following religiously-motivated activities:
• refusal to attend meetings or training programs of a religious nature;
• refusal to attend in-plant devotional services;
• objections to patriotic songs and to observation of national holidays;
• Native American's ceremonial use of hallucinogenic peyote.

What are some potential problem areas? Potential religious accommodation problems may arise in the following areas.

Hiring criteria. There has been little litigation involving the simplest form of religious discrimination --that is, a practice or policy against hiring people of a particular religion or a practice or policy of hiring only people of a specific religious group. Most of the hiring cases involve the application of the preference for members of their own religion afforded religious institutions.

Scheduling of selection procedures. The duty to accommodate religious practices extends to the scheduling of tests or other selection procedures.

Pre-employment inquiries. Inquiries such as "are you available to work weekends" may have an exclusionary effect, according to the EEOC regulations and should not be asked unless justified by business necessity. The same standard applies to questions about an applicant's ability to perform work based on an employer's dress or grooming standards.

Work rules. The most frequently occurring problem involves a conflict between a work rule and the observance of a religious practice or belief. The types of work rules that generally present a conflict involve:

• Days off for religious observances
• Dress and appearance
• Union membership

Work environment. Employees have a right to a working environment free of religious discrimination or intimidation. Prohibited religious harassment may come from managers, supervisors or coworkers. The work environment is a consideration in accommodation cases since the effect of a religious accommodation on coworkers is one factor in determining the reasonableness of the accommodation.

Training techniques. The EEOC has issued guidelines indicating that "new age" training techniques have the potential to conflict with employees' religious beliefs.