In PA, NJ, and DE, when does religious expression take a backseat to workplace safety?

Your employee wears a head-covering. The employee’s head-covering is part of her religious practice.

You’re not one to interfere with an employee’s religious expressions, but you’re concerned that this head-covering creates a safety risk for both the employee and others. And maybe you run a prison and the head-covering could be used to smuggle in contraband.

After jump, I have some practice tips for you.

Oh, wait, you do run a prison? Breathe easy, my friend. according to the EEOC:

1. Employers must accommodate an employee’s sincerely held religious belief in engaging in religious expression in the workplace.

2. However, an employer never has to accommodate expression of a religious belief in the workplace where doing so would pose an undue hardship to the employer.

3. Similarly, if the accommodation would result in harassment to a co-worker, the employer does not have to make the accommodation.

And, of course, the Third Circuit reminds us that if the religious accommodation could get someone killed, the employer can take a pass on that one.

“Doing What’s Right – Not Just What’s Legal”
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