Imagine a beloved religious holiday or festival is just around the corner, and you’re excited to celebrate with friends and family. But then, your leave request gets denied, and it’s a real letdown. You might find yourself thinking, can an employer deny time off for religious reasons?
Navigating religious accommodations in the workplace can be challenging for both employees and employers, especially when it comes to taking time off for religious observances. In Nevada, like the rest of the United States, employees get legal protection from religious discrimination.
Here, we’ll explore your rights under federal and state laws, review notable cases, and outline steps to take if you feel discriminated against due to your religious practices.
What Does Federal Law Say About Religious Accommodation?
Under Title VII of the Civil Rights Act of 1964, it’s illegal for employers to discriminate against an employee based on religious beliefs. Title VII requires employers to provide reasonable accommodations for an employee’s religious practices unless doing so would cause undue hardship to the employer. This means that if you request time off to observe a religious holiday or to attend a religious event, your employer must make an effort to accommodate your request.
Title VII and Undue Hardship
An employer can only deny a religious accommodation if it imposes more than a minimal cost or burden—known as undue hardship—on the business. Courts have interpreted undue hardship to mean more than just a minor inconvenience. Factors that can affect whether a reasonable accommodation would impose an undue hardship include the size of the company, the number of other employees who can cover shifts, and the cost of accommodating the employee’s request.
Nevada’s State Laws on Religious Accommodation
In Nevada, laws align closely with federal standards under Title VII. However, Nevada also has its own anti-discrimination statutes that protect employees from discrimination based on religious practices. Under these laws, employers should provide reasonable accommodations unless doing so would create an undue hardship.
Notable Cases Involving Religious Discrimination
Several landmark cases have shaped how religious accommodations are handled in the workplace:
TWA v. Hardison (1977) – The Supreme Court ruled that an employer could deny an employee’s request for time off for religious observances if it would impose more than a minimal cost or burden on the company. This case set a precedent for interpreting undue hardship in religious accommodation cases.
EEOC v. Abercrombie & Fitch Stores, Inc. (2015) – In this case, the Equal Employment Opportunity Commission (EEOC) filed a lawsuit on behalf of a Muslim woman who was denied employment because her headscarf didn’t meet the company’s dress code. The Supreme Court ruled that employers cannot make hiring or employment decisions based on an applicant’s religious beliefs or practices, emphasizing that businesses must make reasonable accommodations for religious practices.
Groff v. DeJoy (2022) – A postal worker was denied time off for religious observances, sparking a case that reached the Third Circuit. The Third Circuit ruled that the employer’s refusal to accommodate was justified due to the undue hardship it would impose. This case highlighted the challenges in balancing business needs and employee rights in the context of religious accommodation.
Steps to Take if You Face Religious Discrimination at Work
If you feel your rights are being compromised, taking the following steps can help protect you:
1. Understand Your Rights
Knowing your rights under the Civil Rights Act and Nevada state law is essential. Employees have the right to practice their religion freely, and employers must make reasonable accommodations unless it causes an undue hardship on the business.
2. Document Your Request and Response
If you’ve asked for time off for religious reasons or any other religious accommodation, document your request and your employer’s response. Save emails, memos, or written records of your interactions, as these could be valuable evidence if you file a claim.
3. Submit a Written Request
It’s recommended to submit a formal, written request for time off for religious observances. In your request, clearly state your religious beliefs and specify what accommodation you need. This approach provides a formal record and shows that you followed protocol.
4. File a Complaint with the Equal Employment Opportunity Commission
If you feel your employer has unfairly denied your religious accommodation and that your rights were violated, you can file a claim with the Equal Employment Opportunity Commission (EEOC). The EEOC investigates claims of religious discrimination and may take legal action if they find that an employer has acted unlawfully.
5. Consider Legal Action
In some cases, seeking legal assistance may be necessary. Many individuals in Nevada have successfully sought compensation after being denied reasonable accommodations for their religious observances. Consulting a knowledgeable employment lawyer can help you understand your options and pursue justice.
Common Employer Justifications and Your Rights
Employers often cite undue hardship as a reason to deny reasonable accommodations for religious holidays or other religious practices. However, it’s essential to understand what counts as undue hardship and what doesn’t. Here are some common justifications employers might use and how they stack up legally:
Financial Burden – If accommodating an employee’s request would result in significant expenses, it could be deemed an undue hardship. However, minor costs are not enough for an employer to deny accommodation.
Disruption to Operations – If accommodating religious observances disrupts the work schedule or affects the productivity of other employees, it could potentially be seen as an undue hardship. This is more likely in smaller businesses where a few staff members manage essential operations.
Impact on Other Employees – Employers sometimes argue that accommodating one employee’s religious practices negatively impacts other employees. However, employers are still required to explore alternative reasonable accommodations before denying a request.
Your Right to a Reasonable Accommodation
As an employee, you have the right to reasonable accommodations for religious practices that align with your faith. This might include flexible work hours, adjusted schedules for religious holidays, or allowing time off for religious observance. While employers aren’t required to grant every request, they must demonstrate a legitimate undue hardship to deny one.
Final Thoughts: Balancing Rights and Responsibilities
Understanding your rights around religious accommodations is crucial, as these rights allow you to work without compromising your faith. Employers have a responsibility to respect religious beliefs and to provide accommodations where possible.
If you’re ever in a situation where your request for religious accommodation is denied, remember that both federal and Nevada laws are designed to protect you. Taking action—whether by documenting your experiences or consulting an attorney—can help you address and resolve issues of religious discrimination in the workplace.
Need Assistance?
If you or someone you know has experienced religious discrimination or was denied reasonable accommodation for religious reasons, contact Bourassa Law Group for expert guidance.
We are here to ensure your rights are upheld and that you can continue practicing your faith in a supportive work environment.
1-800-870-8910