In yesterday’s Advisor, we considered accommodation requirements when safety and religion conflict. Today, more EEOC guidance on religious accommodation and dress codes, along with a program that has your dress code policies … legally reviewed … already written.
Q. Is it okay for a company to explain that someone has received a religious accommodation; for example, that they are allowed to wear a beard when beards are otherwise prohibited?
EEOC: Yes, you can explain, because unlike situations under the Americans with Disabilities Act, Title VII of the Civil Rights Act of 1968 does not require employers to keep accommodation requests confidential. However, as a general rule, it is good practice to keep employees’ individual situations confidential. (The EEOC’s comments were aired at a SHRM-sponsored online presentation, reported on in our sister publication, the HR Manager’s Legal Reporter.)
Q: Is it legal to have a dress code that prohibits the wearing of religious icons, i.e. necklace crosses?
EEOC: To the extent that an employee’s religious expression conflicts with the duties of the job, it would likely pose an undue hardship to accommodate the employee. So, for example, in a case where employees have regular contact with clients who have terminal illnesses, a rule prohibiting the wearing of religious icons would likely be considered appropriate.
Q: Can an employer establish a dress code that, for example, does not allow tongue studs, facial jewelry (except earrings), and revealing clothing (midriff exposed)?
EEOC: Employers are permitted to have dress codes that address these issues; however, the codes must not discriminate on the basis of race, national origin, etc., and must make exceptions where an individual has a sincerely held religious belief that conflicts, and no undue hardship would be posed. This rule applies regardless of what type of dress or grooming practice is involved.
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Q. May Our Dress Code Prohibit Tattoos?
EEOC: Tattoos worn for secular reasons do not need to be accommodated under Title VII’s religion provision. Religious tattoos may be subject to accommodation. Title VII does not prohibit an employer from treating tattoos worn for religious reasons differently than tattoos worn for secular reasons, so it would be permissible to ban visible tattoos and body jewelry in the workplace, assuming that they are not tied to culture or religion.
The easy way to keep up with policy writing needs
Religious accommodation, safety, and dozens of other compliance challenges cross the HR desk every day.
The beginning point for meeting those challenges is always your policies—carefully crafted, legally reviewed, and regularly updated. Policies help managers deal with things like requests for accommodation and to do so consistently. But it’s no light task to write and update the dozens of policies that any organization needs. What’s more, the nearly constant changes made necessary by new laws or business practices make managing the situation that much harder. Our editors, however, have a suggestion that will help you do it, with a minimum of cost and effort.
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In all, SmartPolicies contains some 350 policies covering those topics, arranged alphabetically from Absenteeism and Blogging to Voice Mail and Workers’ Compensation. (To see the complete Table of Contents, click on the link below.) What’s more, the CD format makes these policies easily customized. Just add your company specifics or use as is.
Important is that as regulation and court decisions clarify your responsibilities on workplace issues, the policies are updated with new ones added as needed every quarter, as a standard part of the program.
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