Ask a Manager: Where’s the line on religious accommodation?

[minoanmiss]

I was curious about where the line is on religious accommodation, and at what point it’s okay to say an accommodation cannot be made. Also, I know for many things you recommend that candidates let the hiring team know of any accommodations they need at the offer stage (which makes perfect sense) but what if they don’t say anything until their first couple of weeks?


I had an employee who needed an accommodation that allowed them to take lunch at a different time from the rest of the company once a week. This was somewhat inconvenient but I was able to accommodate them. Later they let me know that they were going to need additional accommodations, which again were doable but inconvenient. I also noticed that their work performance suffered during certain times when they told me they needed to fast for their religion. I felt that I couldn’t bring this up as I was worried about being accused of violating a religious accommodation. They didn’t make me aware of any of these needed accommodations until they’d been hired and working for a couple of weeks. At one point it was suggested that in order for me to accommodate this employee I would need to work additional hours (unpaid as I am salaried and exempt). I was able to push back on that but it was stressful and I had to use some capital I don’t think I should have had to use.

I was able to accommodate this employee with minimal frustration, but what if it hadn’t been as easy? What if there’d been a standing meeting that they were needed for during the time they needed to take their lunch that couldn’t be easily moved? I want to be as supportive and flexible as possible but at what point am I able to say “this goes past reasonable”?

The law says employers must accommodate employees’ religious needs unless it would cause “undue hardship.” The bar for undue hardship is pretty high — generally something that’s costly, compromises people’s safety, requires others to do more than their share of difficult or undesirable work, or infringes on other employees’ rights. Moving a meeting likely doesn’t meet that bar, although you having to work more hours probably would.

If the person’s work performance suffered when they were fasting, I’d look at how you handle it when someone else’s work performance suffers because they’re sick, tired, hungry, etc. Presumably you figure that everyone has ups and downs and unless it becomes a pattern, it’s generally just part of working with humans. (I’m assuming the fasting periods were relatively rare. If they weren’t, then you’d address the performance issues just like you would any other — no need to bring the fasting into it.)

But it’s absolutely fine that the employee didn’t address the accommodations they needed until a few weeks on the job. There’s no requirement, ethical or legal, that they address it earlier than that. (Keep in mind that you can’t legally rescind a job offer over it, so there’s no real reason you needed to hear it earlier; it’s fine for them to raise it when they’re comfortable raising it.)

Comments

[twospots]

HR/manager definitely have no way of knowing for sure, but it would be super easy to make some reasonable predictions, which would then allow them to plan ahead for likely possibilities.

Friday lunchtime + fasting makes the very likely Muslim--and even if they don't want to talk to the employee, they can just compare fasting/other patterns to various religions and figure this out. Lots of data to work from! But let's assume Muslim. If they're going to Friday prayer, then they're likely on the more observant end of the spectrum, but again, you don't really need to know that to plan ahead.

Possible things that employee will want accommodation for:

- Friday prayer
- private space to pray throughout the day
- modified workload during Ramadan? Or something else
- time off for major holidays, which, unlike for Christians, are unlikely to fall on stat holidays
- halal meals when applicable
- may refrain from shaking hands

Like, even if they've never met a Muslim person in their whole entire life, this is a 30-second google. And if they don't want to actually have to do any reading themselves, they can call their local (or state, or national, whatever) Muslim Association. They're in management and HR! This is literally their job! There is NO reason for this to be "a very stressful situation where little bombs are occasionally going off" unless they make it one.

[purlewe]

Thank you. This was what I was trying to convey. You said it better than I could.