Title VII of the Civil Rights Act of 1965 states that employers may not discriminate against employees on the basis of religion in hiring, firing, or in more general terms and conditions of employment. Specifically, the law states that employers must “reasonably accommodate” employee’s religious beliefs and rights as long as such accommodation does not cause the employer to sustain severe or undue hardship. However, the law effectively places upon the employer a burden to prove such hardship.
In short, employers in almost every instance should make an effort to allow employees with sincerely held religious beliefs to take the time off they require for proper observance of religious holidays.
“Reasonable” accommodation does not mean any accommodation that the employee requests. Examples of proper accommodations may be allowing employees to switch shift, allowing them to take sick, personal, or vacation time during these days, or offering floating holidays that employees can use when they wish to observe religious holidays. Further, normally, simply giving hourly employees the day off without pay will usually suffice as a reasonable accommodation.
The above examples are not exhaustive. If you have questions about whether an accommodation offered to an employee is proper or adequate, you should consult an attorney that specializes in employment law.
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