RELIGIOUS ACCOMMODATION AND THE COURTS: A REVIEW AND ANALYSIS

This article reviews case law dealing with claims of religious accommodation discrimination filed under the Civil Rights Act. This article is intended to provide employers with a better understanding of how the courts adjudicate these types of cases. The article is divided into three sections. The first two sections examine the type of evidence needed by a plaintiff to establish a prima facie case of religious discrimination and the requirements for an effective defense. The third section addresses areas of potential concerns for organizations in light of the judicial decisions reviewed and offers recommendations for avoiding/defending claims of religious accommodation discrimination. Title VII of the 1964 Civil Rights Act (CRA) prohibits religious discrimination at the workplace. One of the most challenging aspects of the law for employers is dealing with employees’ requests for religious accommodation. As interpreted by the Supreme Court in its 1978 decision in TWA vs. Hardison [1], the CRA requires employers to provide religious accommodations, as long as the accommodation does not place an undue hardship on their business operations. The Court defined an undue hardship as one in which the cost of accommodation is more than minimal [1]. The determination of more than minimal depends on such factors as the size and nature of the business and the amount of expense involved. As the result of such factors as immigration, globalization, and a changing political and religious climate, today’s employers face a wide variety of