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The Employer Handbook BlogHR Is Not a Theology Department. Here’s How to Review Religious Accommodation Requests.
HR can ask an employee to explain a religious conflict. The trouble begins when the review turns into a theological examination.
Articles Posted in Religion
A Polygraph, Ayahuasca, and the Religious-Accommodation Claim That Survived
A job applicant told a polygraph examiner that she consumed ayahuasca as part of her religion. An agency adjudicator labeled it “recent illegal drug use,” and the tentative job offer disappeared.
A Religious Accommodation Claim Requires More Than a Request and a Denial
An employee requested a religious exemption from a vaccine mandate but initially refused to answer most of her employer’s follow-up questions. By the time she completed the form, the employer said its decision was final.
How Inviting Employee Dialogue Created a Religious Discrimination Case
You’ve probably seen the headlines. Two flight attendants fired for posting about the Equality Act, a Ninth Circuit reversal, and the usual takes about religion vs. LGBTQ rights in the workplace. Here’s what those takes mostly missed.
A Good-Faith Accommodation Process Is Not Optional. This Complaint Explains Why.
Granting a religious accommodation request and then placing the employee on indefinite unpaid leave can itself be retaliation. A federal district court in Illinois recently refused to dismiss a Title VII religious discrimination and retaliation lawsuit built on exactly that theory.
The Religious Accommodation Lessons Inside MLB’s Pride Night Controversy
Who would have guessed that the most interesting religious discrimination issue of the week would show up on a Major League Baseball field?
The Comparator Problem: What This Teacher’s Case Gets Wrong About Religious Discrimination
A teacher gets twice the students, a warning for observing a religious holiday, and a misconduct investigation after venting on a union Facebook page. She loses every claim.
Denied Every Religious Exemption Request, Attempted No Accommodations, and Still Won
Sometimes the facts supporting a religious accommodation denial are so strong that skipping the accommodation process doesn’t sink you. This healthcare employer found that out — and the 9th Circuit’s reasoning tells you exactly why.
What Happens When an Employee Frames a Workplace Grievance as Religious Expression?
A school district police officer posted a prayer on Facebook criticizing his supervisors. He was fired. His lawsuit raised constitutional claims, a retaliation claim, and a religious discrimination claim. The Fifth Circuit affirmed dismissal on all of them, and the reasons why are a useful lesson for any employer.