According to the EEOC guidance on employers granting religious accommodations, most requests should be granted if they meet the following:
Is the belief that drives the need for an accommodation religious?
Is it sincerely held?
Is the requested accommodation reasonable?
Does the requested accommodation pose a hardship for the employer?
It’s not religious if the belief based on secular morals, or political views. That’s probably why Tryin’s accommodation was denied. It failed the test of religion.
Is the belief sincerely held? There isn’t much room for employers to deny this one. It’s not the duty of the employee to prove his belief is sincerely held. I’ve heard some employers are requiring this for vaccine religious accommodations. This is probably just bullying. But employers may look to see if the employee’s past behavior is discordant with the belief. For example if you claim you need an accommodation to get off work on Saturday’s because you’re Jewish, it’s not reasonable for your employer to check with all the local Synagogues to see if you’re a member in good standing. You don’t have to be a member of a church or even belong to an organized religion. However, if your boss has seen you moonlighting at the local bowling ally on Saturday, they have a reasonable cause to reject the claim.
Is the accommodation reasonable. This doesn’t mean the employer gets to judge your religious belief to determine if the belief is reasonable. That’s up yo the believer. The reasonable test is for then accommodation not the belief. If you believe in human sacrifice and you ask for an accommodation to pick a fellow employee to sacrifice to Ra, okay, fine, you get to believe that because we have freedom of religion. But it’s not a reasonable accommodation. An accommodation to be exempted from taking the vaccine because of religious beliefs is reasonable.
Does it pose a hardship for the employer? A Hooters waitress asking for a religious accommodation to wear unflattering clothes on the job would break Hooter’s business model and they’re within their rights to decline that accommodation on the grounds it’s a hardship to the business.
Is the belief that drives the need for an accommodation religious?
Is it sincerely held?
Is the requested accommodation reasonable?
Does the requested accommodation pose a hardship for the employer?
It’s not religious if the belief based on secular morals, or political views. That’s probably why Tryin’s accommodation was denied. It failed the test of religion.
Is the belief sincerely held? There isn’t much room for employers to deny this one. It’s not the duty of the employee to prove his belief is sincerely held. I’ve heard some employers are requiring this for vaccine religious accommodations. This is probably just bullying. But employers may look to see if the employee’s past behavior is discordant with the belief. For example if you claim you need an accommodation to get off work on Saturday’s because you’re Jewish, it’s not reasonable for your employer to check with all the local Synagogues to see if you’re a member in good standing. You don’t have to be a member of a church or even belong to an organized religion. However, if your boss has seen you moonlighting at the local bowling ally on Saturday, they have a reasonable cause to reject the claim.
Is the accommodation reasonable. This doesn’t mean the employer gets to judge your religious belief to determine if the belief is reasonable. That’s up yo the believer. The reasonable test is for then accommodation not the belief. If you believe in human sacrifice and you ask for an accommodation to pick a fellow employee to sacrifice to Ra, okay, fine, you get to believe that because we have freedom of religion. But it’s not a reasonable accommodation. An accommodation to be exempted from taking the vaccine because of religious beliefs is reasonable.
Does it pose a hardship for the employer? A Hooters waitress asking for a religious accommodation to wear unflattering clothes on the job would break Hooter’s business model and they’re within their rights to decline that accommodation on the grounds it’s a hardship to the business.
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