So how does the religious discrimination law extended to public establishments affect you as a business owner in Massachusetts? First, you should consider whether this law applies to your business. The requirement of reasonable accommodation for religious beliefs applies to employers (to accommodate the beliefs of their employees) and to public accommodations (to accommodate the beliefs of their patrons.) Places of public accommodation are defined as “any place, whether licensed or unlicensed, which is open to and accepts or solicits the patronage of the general public.” M.G.L. c. 272, s. 92A. Generally the following types of businesses are included:
- Overnight lodging (motels, hotels, inns, etc.)
- Transportations services (taxis, buses, elevators, etc.)
- Gas stations
- Restaurants and bars
- Retails stores providing goods or services
- Places of public amusement, sport, exercise or entertainment (gyms, theatres, etc.)
If the law does apply to you, as an employer or the owner of a public accommodation, you should understand what beliefs are protected and what is required of you. To succeed on a case for refusal to accommodate religious beliefs, a complainant must prove the following:
- Complainant had a sincerely held religious belief that required certain practices
- Complainant notified the respondent of that belief; and
- Respondent failed to accommodate that sincerely held belief
In this 2008 decision, the Commission reiterated that the religious belief must only be “sincerely held” by the complainant, not by all members of that religion. As long as the belief is sincerely held, the validity of that belief will not be questioned. The employer or place of public accommodation must accommodate that sincerely held religious belief unless they can show that such accommodation would cause undue hardship.
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