Today, the EEOC issued
a new publication concerning the duty of employers to reasonably
accommodate employees’ religious grooming and dressing practices in the
workplace. This can include what employees wear (a cross,
a turban, a beard, etc.) and what they object to wearing (short shorts,
religious items). Employees’ sincerely religious
beliefs must be accommodated except when the accommodation creates more than a
de minimis burden on the employer (which is a lesser standard than under the
ADA). As a practical matter, this means that
grooming practices must be accommodated unless it creates a safety issue. The beliefs to be accommodated can also be
non-beliefs (i.e., atheists). According
to the EEOC, the religious belief does not have to be an organized religion and
can be simply ethical beliefs. Employers are particularly admonished to not
segregate employees because of their religious practices or discriminate
against them due to customer or co-worker preferences.
The EEOC’s new publication provides examples of legal issues
that arise in this area and is written in a Q&A format.
NOTICE: This summary is designed
merely to inform and alert you of recent legal developments. It does not
constitute legal advice and does not apply to any particular situation because
different facts could lead to different results. Information here can change or
be amended without notice. Readers should not act upon this information without
legal advice. If you have any questions about anything you have read, you
should consult with or retain an employment attorney.
