Religious Discrimination: Court Rules On When You Must Allow Time Off For Religious Pilgrimage

It’s your busiest time of the year, and an employee informs you she needs to travel to Yugoslavia to witness reported visions of the Virgin Mary. If you say no, are you guilty of religious discrimination? According to a new ruling from the federal Court of Appeal, not necessarily. But responding to requests for religious accommodation is always a sensitive matter, and your legal obligations will depend on the specific facts of each case.

Employee Has Religious Calling

Mary Tiano, a devout Roman Catholic, worked as a shoe salesperson for Dillard’s Department Store. Tiano learned of a pilgrimage to Medjugorje, Yugoslavia, where people had claimed to see visions of the Virgin Mary. Although the Catholic Church had not designated Medjugorje an official pilgrimage site, Tiano said she had a “calling from God” to attend the pilgrimage.

Our HR Management & Compliance Report: How To Comply with California and Federal Leave Laws, covers everything you need to know to stay in compliance with both state and federal law in one of the trickiest areas of compliance for even the most experienced HR professional. Learn the rules for pregnancy and parental leaves, medical exams and certifications, intermittent leaves, required notices, and more.

Employer Refuses Leave

Tiano asked her supervisor for a two-week unpaid leave in October to attend the pilgrimage. But Dillard’s had a company policy prohibiting employees from taking time off between October and December, the store’s busy holiday season. Based on the policy, the supervisor denied Tiano’s request.Tiano went on the pilgrimage anyway. When she returned, Dillard’s informed her she no longer had a job because she was considered to have voluntarily resigned her position. Tiano sued, claiming religious discrimination because Dillard’s had failed to accommodate her request to attend the pilgrimage. A lower court ruled in favor of Tiano and awarded her damages.

Timing Was Personal Preference

But the federal Ninth Circuit Court of Appeal, which covers California, sided with Dillard’s and threw out the award. The court agreed that Tiano had a genuine religious belief that she needed to go to Yugoslavia. However, the court rejected her claim that she had to go in October as opposed to another time more convenient for her employer.The court concluded Tiano’s desire to attend the pilgrimage in October was a personal—not a religious—preference. When an employee asks for leave to attend a religious event, the court explained, the person must show not only a legitimate religious justification for the absence, but also a religious need to be gone at the time requested. Because Tiano could have attended the pilgrimage at another time and because Dillard’s probably would have authorized the leave if it didn’t conflict with the holiday season, the court held she did not suffer religious discrimination.

Practical Guidelines

Although the employer won this case, the court noted it might have reached a different conclusion if there had been a religious reason for the employee to be absent at that particular time—for example, evidence that visions of the Virgin Mary ‘were expected to be more intense’ in October. In that case, the employer would have to grant the request unless doing so would cause an undue hardship.Here are some strategies for handling religious accommodation issues:

1. Offer accommodation. Once an employee informs you of a conflict between their job requirements and their religious beliefs or observances, you must consider and offer possible accommodations. But you’re not obligated to accept the employee’s proposal if another available option—such as taking the leave at a different time—would allow the person to satisfy their religious obligations while minimizing the inconvenience to you.
2. Don’t judge sincerity of religious beliefs. Courts are usually reluctant to analyze what is a bona fide religion or religious belief, and they don’t want you to do so either. Except in highly unusual situations, the safest course is to take the employee’s word that their religious practices really do conflict with their job obligations.
3. Consider co-workers. You’re not required to give an employee preferential treatment over co-workers or impose more than a minimal burden on other employees.
4. Be consistent. The fact that Dillard’s had a clear policy prohibiting time off during the holiday season helped it successfully defend against charges of religious bias. Note that you’re more likely to get into trouble if you refuse to allow someone a leave of absence to attend a religious event, but you allow people time off for other reasons.