Are Employers Required to Provide Religious Accommodations?

California has comprehensive laws in place for employee protection under the Fair Employment and Housing Act (FEHA), including protections against the discrimination or harassment of employees with protected characteristics like race, age, and gender. Religion is another important protected characteristic under both FEHA and federal employment law. The law prohibits employers from discriminating against employees based on their religious beliefs, practices, and associations. But does that mean that an employer must provide accommodations for an employee’s religious practices? Speak to our experienced discrimination lawyer for assistance.

What Are California’s Religious Accommodation Laws for Employers?

FEHA laws prohibit an employer from discriminating against job applicants or employees on the basis of their religious beliefs. Part of this protection requires an employer to make “reasonable accommodations” for an employee’s religious practices. Under Cal. Code Regs. Tit. 2, § 11062, the law states:

“It is unlawful to discriminate or retaliate against a person for requesting reasonable accommodation based on religion, regardless of whether the employer granted the request.”

Additionally, the law specifies that an employer cannot ask applicants questions about weekend availability specifically to determine an applicant’s religion under § 11063. Pre-employment practices which states:

“Pre-employment inquiries regarding an applicant’s availability for work on weekends or evenings shall not be used to ascertain their religious creed, nor shall such inquiry be used to evade the requirement of reasonable accommodation. However, inquiries as to the availability for work on weekends or evenings are permissible where reasonably related to the normal business requirements of the job in question…”

What Does the Law Expect as “Reasonable Accommodation?”

Employers must explore options for reasonable accommodation and alternatives for employees with religious beliefs such as:

• Excusing an employer from performing duties that conflict with their religious beliefs when other employees are available to perform those duties
• Adapting workplace appearance standards for those with religious practices, for instance for religious beliefs that require head covering or facial hair, or religions that require women to wear modest skirts rather than slacks or have uncut hair.

Under California’s employment protection laws, “reasonable accommodations” are those adaptations of policy that don’t cause undue hardship. 

California’s description of undue hardship differs from the description under federal employment law. Federal law states that employers do not have to accommodate an employee’s religious practices if they cause “minimal hardship” while California’s law under the FEHA excuses an employer’s requirement to accommodate religious practices if it causes “significant difficulty or expense.”

In California, reasonable accommodation for religious practices also includes allowing scheduling changes for religious holidays or observances and permitting prayer time during employee breaks.

Industries that cannot reasonably accommodate an employee’s absence on a nationally recognized holiday must clearly define this policy in the employee handbook.

What Are My Rights If My Employer Refuses Reasonable Accommodations for My Religious Observances?

Understanding your right to a workplace free from discrimination—including against members of a specific religion or those who practice any religion requiring reasonable accommodation—is an important step toward knowing if your employer has violated your rights. If your request for accommodations in scheduling, personal appearance, or prayer does not impose significant expense or hardship but an employer fails to consider you for an open position because of your religious requirements or fails to accommodate you as a hired employee, you have a right to file a complaint.

First, report the problem to your company’s human resources department. If your employer still fails to make reasonable accommodations, you have a right to file a lawsuit for religious discrimination and recover compensation if the evidence shows that making the accommodation would not have caused your employer undue hardship or expense. For more information about your specific case, contact Sessions & Kimball LLP for a free consultation.