Takeaway: An employer is generally advised to try to make an accommodation that would wholly eliminate the conflict between its requirement and an employee’s religious belief. If there are no reasonable means to do so, the employer should document why. If there are reasonable means to eliminate the conflict, but the accommodation would impose an undue hardship on the employer, the employer should document what the actual burden is. The undue hardship standard is easier to meet with regard to religion under Title VII of the Civil Rights Act of 1964 than with regard to disabilities under the Americans with Disabilities Act. Check state law, too, as some states impose a heavier burden than under Title VII for an employer to establish an undue hardship with regard to religious reasonable accommodation claims. An employer provides a reasonable accommodation only if it wholly eliminates the conflicts between the employee’s religious belief and the employer requirement, according to the 3rd U.S. Circuit Court of Appeals. The plaintiff requested every Sunday off as an accommodation for his religious beliefs. While the U.S. Postal Service (USPS) accommodated him by assigning other employees to cover most Sundays, it concluded it could not relieve him […]
