Founder
Employees are entitled under Florida and federal law to reasonable accommodations for sincerely held religious beliefs. Yet, many employees struggle to hold jobs that have rules or policies that conflict with their religion. Even seemingly minor issues, like a dress code exception, can quickly escalate into termination, throwing someone’s life into turmoil.
Two recent EEOC lawsuits highlight the real-world challenges employees face and the kinds of accommodations employers are legally required to consider.
- For example, the Equal Employment Opportunity Commission (“EEOC”) recently filed a lawsuit on behalf of a female truck driver terminated by CEMEX Construction Materials Florida for wearing a skirt over her work pants because her religion requires women to wear skirts or dresses in public.
- In another recent case, the EEOC sued Omni Hotels on behalf of an employee who requested not to work on Sundays to observe the Sabbath. Omni Hotels initially agreed, but then rescinded the accommodation and only offered night shifts or part-time work. The company then retaliated by reducing his hours.
Fortunately for Florida workers, both state and federal law give workers the right to take legal action when an employer denies a reasonable request to accommodate religious beliefs and practices, or retaliates against the employee for even making the request.
In Florida, employers with fifteen or more employees must reasonably accommodate an employee’s sincerely held religious practices unless the employer can demonstrate that doing so would cause an undue hardship. Employers must engage in an “interactive process” with the employee, which is a good-faith dialogue to explore possible alternatives, even if the employer does not agree with the employee’s initial request. An accommodation must be provided unless it imposes a substantial increase in cost or burden on the employer’s business, and it is also unlawful for an employer to retaliate against an employee for requesting a religious accommodation.
What are some best practices for employees requesting religious accommodations?
- Put the request in writing to create a clear record, and identify the religious practice at issue and the accommodation you are seeking.
- Suggest a reasonable solution, and be open to practical alternatives that would allow you to perform your job while practicing your faith.
- Document everything. Keep copies of the request, emails, meeting notes, and any responses from the employer. Documentation is critical if the employer later fails to accommodate or retaliates.
- Consult with an experienced employment lawyer if the request is denied or if the employer retaliates.
If you need your employer to accommodate your sincerely held religious beliefs, we can help. You can schedule a consultation with Amanda here.
