Regardless of the religion you practice, furnishing religious observance in a demanding workplace can be challenging for both workers and employers. As such, federal and state laws enable New York residents to balance work responsibilities while also remaining faithful observers of their religion. Please continue reading to learn more about religious observance accommodations employers must provide in New York and why connecting with an experienced New York Employee Rights Lawyer is in your best interest.
Do Employers Have to Accommodate Religious Practices?
Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on religion. As such, employers are required to make reasonable religious accommodations for an employee’s sincerely held religious beliefs, even if newly adopted, not consistently observed, or different from the commonly followed tenets of the individual’s religion. It’s important to understand that a reasonable religious accommodation permits employees to follow their religious beliefs with a minor modification of the work environment. Protected religious beliefs include traditional, organized religions, and also beliefs that are not part of a formal religion or sector, even if practiced by a relatively small group.
Under New York law, employers are required to permit employees to observe holy days, unless doing so would cause an undue hardship. To assess whether a religious accommodation imposes more than a minimal burden on operation, the following factors will be taken into consideration:
- The type of workplace
- The nature of the worker’s duties
- Any related cost incurred relative to the size and budget of the employer
- The effect of an accommodation on the employer’s business
- Collective bargaining agreements or established seniority systems
- The number of workers who need the accommodation
- The effect on workplace safety
- Will it cause a lack of necessary staffing
- Whether the proposed accommodations would conflict with other laws
However, the employer is allowed to make the worker make up the time they took off at another time, charge time missed against paid leave, other than sick leave, or take leave without pay for time not made up or charged to paid leave. They are also required to accommodate other religious practices such as religious dress and appearance requirements, and prayer during the workday.
Do Employers Need to Adopt Flexible Leave Policies for Workers?
Although it may not be required by law, employers can adopt flexible leave and scheduling policies that enable employees to meet their religious needs. This can include flexible arrival and departure times, flexible work breaks, and the use of lunchtime in exchange for early departure or staggered work hours. It’s important to note that New York State Human Rights Law allows employees to swap shifts with other coworkers if no other reasonable accommodations are made for their religious observance.
At Bell Law Group, PLLC, we are prepared to help you understand your employee rights. If you believe your rights have been violated, please don’t hesitate to contact our dedicated legal team who can fight for the outcome you deserve and need. Connect with us today to schedule a consultation.
