In yesterday’s Advisor we presented several key questions and answers from EEOC’s new guidance on religious discrimination. Today, more from the guidance, plus we announce a free webcast on building a WOW! Recognition program.
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[Find more questions and answers here]
Can an employer exclude someone from a position because of discriminatory customer preference?
No. If an employer takes an action based on the discriminatory religious preferences of others, including customers, clients, or coworkers, the employer is unlawfully discriminating in employment on the basis of religion. Customer preference is not a defense to a claim of discrimination.
May an employer automatically refuse to accommodate an applicant’s or employee’s religious garb or grooming practice if it would violate the employer’s policy or preference regarding how employees should look?
No. Title VII requires an employer, once it is aware that a religious accommodation is needed, to accommodate an employee whose sincerely held religious belief, practice, or observance conflicts with a work requirement, unless doing so would pose an undue hardship.
Therefore, when an employer’s dress and grooming policy or preference conflicts with an employee’s known religious beliefs or practices, the employer must make an exception to allow the religious practice unless that would be an undue hardship on the operation of the employer’s business.
For purposes of religious accommodation, undue hardship is defined by courts as a “more than de minimis” cost or burden on the operation of the employer’s business. For example, if a religious accommodation would impose more than ordinary administrative costs, it would pose an undue hardship. This is a lower standard than the Americans with Disabilities Act (ADA) undue hardship defense to disability accommodation.
When an exception is made as a religious accommodation, the employer may nevertheless retain its usual dress and grooming expectations for other employees, even if they want an exception for secular reasons.
May an employer assign an employee to a noncustomer contact position because of customer preference?
No. Assigning applicants or employees to a noncustomer contact position because of actual or feared customer preference violates Title VII’s prohibition on limiting, segregating, or classifying employees based on religion.
May an employer deny accommodation of an employee’s religious dress or grooming practice based on the “image” that it seeks to convey to its customers?
An employer’s reliance on the broad rubric of “image” or marketing strategy to deny a requested religious accommodation may amount to relying on customer preference in violation of Title VII, or otherwise be insufficient to demonstrate that making an exception would cause an undue hardship on the operation of the business.
Build a WOW! Recognition Culture. Join us for a free interactive webcast on Thursday, April 17. Earn 1 hour in HRCI Recertification Credit. Register Now
May an employer bar an employee’s religious dress or grooming practice based on workplace safety, security, or health concerns?
Yes, but only if the practice actually poses an undue hardship on the operation of the business. The employer should not assume that the accommodation would pose an undue hardship. While safety, security, or health may justify denying accommodation in a given situation, the employer may do so only if the accommodation would actually pose an undue hardship.
Fighting discrimination—just one step on the road to retention and engagement. The next step? Building a meaningful recognition program. How to get there? Fortunately there’s timely help in the form of BLR’s new webcast— Building a WOW! Recognition Culture. (The program is free to HR Daily Advisor readers thanks to sponsor Terryberry.
Building a WOW! Recognition Culture
Building a WOW! Recognition Culture is a fast-paced, fun, and informative seminar that equips HR professionals and business leaders with an understanding of how to engage employees through effective recognition.
Learn how to keep employees engaged and motivated. Developing a culture of recognition in which employees are genuinely acknowledged for their contributions is more important than ever in a challenging economy—not only to bolster flagging spirits, but as a means to maintain productivity, profitability, and retention of key employees.
This presentation demonstrates key findings on how recognition strategies impact business goals and provides real-world examples and practical solutions for implementing or enhancing a recognition initiative. Attendees will take away ideas that they can put into practice starting today.
Key to engagement and retention? Meaningful recognition program. Our Free Webinar gets you started. Join us on Thursday, April 17 for a free interactive webcast Building a WOW! Recognition Culture. Learn More
Important issues are addressed, such as:
- What the latest research shows about how recognition impacts employee engagement, productivity, and profitability.
- How businesses are adapting their employee recognition strategies to respond to the current economy.
- Review the key steps for developing an effective recognition program and understand how to put them into practice.
- Understand which awards are the most and least effective.
- And more!
Register today for this interactive webinar. (No charge to HR daily Advisor readers.)
Register now for this event risk-free.
Thursday, April 17, 2014
2:00 p.m. to 3:00 p.m. (Eastern)
1:00 p.m. to 2:00 p.m. (Central)
12:00 p.m. to 1:00 p.m. (Mountain)
11:00 a.m. to 12:00 p.m. (Pacific)
Approved for Recertification Credit
This program has been approved for 1 recertification credit hour toward recertification through the Human Resource Certification Institute (HRCI).
Join us on April 17—you’ll get the in-depth Building a WOW! Recognition Culture webcast AND you’ll get all of your particular questions answered by experts.
Train Your Entire Staff
As with all BLR®/HR Hero® webcasts:
- Train all the staff you can fit around a conference phone.
- You can get your (and their) specific phoned-in or e-mailed questions answered in the Q&A session that follows the presentation.