With respect to headwear, employers are generally unsuccessful in court when they have denied an accommodation to wear religious garb (e.g., a kufi, turban or head scarf) on the basis that the accommodation goes against their image or dress code for professional or business-like attire or because customers might be uncomfortable. To justify a denial of such a request, an employer needs to show a valid workplace safety, health or security issue that presents a significant difficulty. As for prayer breaks, an employer should consider whether they have a rest break policy that would accommodate the prayer time. Even if the employer does not allow rest breaks, whether the employer allows smoke breaks, lunch breaks or pumping breaks for nursing mothers, for example, is relevant due to the similarity in terms of time away from active work and the need for a private space. Time off work is typically the more difficult accommodation. For example, providing time off every Friday afternoon to attend prayer service may not be an undue hardship for a large bank branch but may be for a small branch if that is the busiest day and time and the branch only has a few employees. But before denying the request, the employer should consider any viable alternative options (e.g., if the employee can work a different schedule or swap shifts with another employee). Keep in mind that the accommodation that is offered need not be the employee’s preferred accommodation, or even the accommodation that is most beneficial to the employee, if there is an alternative that reasonably accommodates the employee’s religious needs. In other words, an employer can either show (1) that it provided the employee with a reasonable accommodation for their religious need (even if it is not the one requested by the employee) or (2) that the accommodation was not provided because it would result in an undue hardship. Employers should have a religious accommodation policy. Managers should be trained on the policy. Requests for accommodation should be referred to Human Resources to make sure they are handled appropriately. Each request for a religious accommodation is fact-specific and requires an individual analysis. The information in this article is provided for general information purposes only and does not constitute legal advice or an opinion of any kind. You should consult with legal counsel for advice on your institution’s specific legal issues. 1 Trans World Airlines, Inc. v. Hardison, 432 U.S. 63 (1977); Ansonia Bd. of Educ. v. Philbrook, 479 U.S. 70 (1986). 2 Id. 3 Groff v. DeJoy, Postmaster General. 600 U.S. 447 (2023). Each request for a religious accommodation is fact-specific and requires an individual analysis. “ Debra A. Mastrian Partner Amundsen Davis LLC DMastrian@AmundsenDavisLaw.com Debbie grew up watching her father practice law and seeing him help people resolve their problems inspired her to become a lawyer. With a focus on employment litigation and counseling, Debbie’s practice includes defending employers against discrimination claims, wage and hour violations, retaliation claims, unfair competition and FLSA collective actions. She also handles a wide range of business litigation matters. Amundsen Davis LLC is a Diamond Associate Member of the Indiana Bankers Association. MARCH/APRIL 2024 33
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