Fast Growing Trend of Charges Filed With the EEOC

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Source Newsletter for Business and Operations Header Image

Business and Operations//

December 9, 2009

The top 10 things employers must know about religious accommodation.
This applies to both faith-based and secular schools

1. Religious accommodation does not work the same as other types of workplace accommodation.

2. The employee does not have to prove "flawless adherence" to the beliefs and creeds of the particular belief system.

3. Employees can prove personally held "religious beliefs" even if their group or sect does not adhere to them.

4. A religious belief does not have to involve God or any "higher being".

5. The interactive process is not required as in the disability realm—but is encouraged.

6. Religious accommodation may not be negotiable.

7. Employers are not required to violate Collective Bargaining Agreements in order to accommodate an employee's religious beliefs.

8. Concerns over employee morale or having to cover an accommodated employee's missed work will generally not be sufficient to establish an "undue burden" under Title VII.

9. Documenting requests for religious accommodation are essential to a company's process.

10. The EEOC has created a special guide concerning accommodating Islam and other Middle Eastern faiths.

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