Federal employment law requires that employers provide a reasonable accommodation for someone’s religious beliefs. This law does not require that employers bend over backwards to make the job more convenient for employees. However, reasonable accommodations are required.
Many employers unfortunately believe that employees invent a religious affiliation to change some aspect of the job they do not like. Employers therefore want some sort of tangible proof an employee truly practices a religion.
However, a recent Equal Employment Opportunity Commission (EEOC) decision highlights that employer can be breaking antidiscrimination law when they require an employer get supporting notes from religious leaders.
The Facts of the Case
According to Reason, the dispute revolved around an adherent to Messianic Judaism who asked for a reasonable accommodation so that he could miss certain days for religious observance. He was working at a call center in Beaver Falls, Pennsylvania at the time and wanted to take some days off. His employer required that the employee obtain a certification from either a religious leader or organization before they would grant the accommodation.
Unfortunately, the employee was not yet a member of the local congregation but nevertheless presented other documents to his employer. However, the employer still denied him time off and he was forced to quit his job at the call center.
The EEOC filed suit against the employer because of its belief that the employer was wrong to require certification from a religious leader or organization. The case is now working its way through the federal courts.
Why This Action is Significant
The federal courts, and not the EEOC, have the final say on what federal law means. However, the EEOC’s opinion carries great weight, and the agency often wins its legal fights. Unless the EEOC loses decisively in court over this issue, employers would be well advised not to request “certification” of any sort that a person belongs to an established religious congregation.
Instead, as the EEOC explained in its press release, an employee only needs to have a “sincerely held religious belief.” This does not mean that an employer must automatically accept that an employee’s religious belief is sincere. For example, if an employee behaves in ways that are markedly inconsistent with the professed belief, then an employer has rights to question it. Also, if the employee tried to get a change for secular reasons, only to be denied, then an employer is right to be skeptical if the employee now asks for an accommodation based on religious reasons.
Learn More About Religious Accommodation in New Jersey
Both employers and employees might have questions about what the law requires when it comes to a request for an accommodation. At the Sattiraju & Tharney, LLP, we have worked with both employers and employees to help them understand their rights and responsibilities.
If you are in the middle of a dispute, or if you are unsure of your rights, please contact our law firm today. One of our New Jersey employment litigation lawyers will meet with you for a confidential consultation.
FAQs Can an Employer Require Notes from a Religious Leader
What is the fundamental legal standard required for a worker to qualify for a religious accommodation?
Federal employment regulations stipulate that an employee only needs to possess a sincerely held religious belief to request a reasonable workplace accommodation. The law does not mandate that the individual belong to an established or mainstream religious organization, nor does it require employers to completely disrupt their business operations if the request causes an undue hardship.
Why can demanding official certification from a religious leader expose an employer to discrimination lawsuits?
According to enforcement guidance from the Equal Employment Opportunity Commission, forcing workers to provide a signed note or formal certification from a cleric can violate anti-discrimination statutes. This is especially true for individuals who genuinely practice a faith but are not yet formal members of a local house of worship or congregation, meaning a refusal to accommodate them based solely on a lack of paperwork can be deemed unlawful.
Under what specific circumstances is a company legally justified in questioning the sincerity of an accommodation request?
An employer has the right to express skepticism and investigate further if a worker’s daily behavior is highly inconsistent with their stated religious beliefs. Additionally, if an employee initially requests a schedule modification for purely personal or secular reasons and is denied, a sudden follow-up request claiming religious necessity for the exact same days off can provide valid grounds for a business to question the request’s validity.