CRD Reminder About Religious Discrimination and Accommodations

California’s Civil Rights Department (CRD) recently reminded employers about religious discrimination and accommodation requirements in a new fact sheet. Just as with disabilities and medical conditions, California law prohibits employers from discriminating against employees and applicants based on religion/religious creed, and requires employers to reasonably accommodate employees based on their sincerely held religious beliefs. Certain exceptions apply for religious organizations, often allowing them to choose to employ individuals who share their religion.

What is religion and religious creed?

It is important to remember that religion includes not only traditional, organized religions such as Christianity, Judaism, Islam, Hinduism, Sikhism, and Buddhism, but also religious beliefs that are not part of a formal church or sect, but are parallel in significance to traditionally recognized religions. Courts have found that “religion” often addresses “ultimate ideas” about life, purpose, death, morality, and humanity’s place in the universe. Religious creed includes all aspects of religious beliefs, observances of holy days, practices, dress, and grooming.

What are examples of religious discrimination and harassment?

The CRD reminds employers that they are not allowed to use employees’ religious creeds to make decisions about promotions, raises, benefits, or firing. Examples of unlawful treatment include:

• Passing over a qualified employee for a promotion based on religious stereotypes that members of The Church of Jesus Christ of Latter-Day Saints have large families and may request parental leave
• Mocking an employee by making loud noises to disrupt them when the employee is engaged in silent prayer in the breakroom
• Changing an employee’s shift to an undesirable time because the employee complains that music played during work hours goes against their faith as a Jehovah’s Witness

What are examples of religious accommodations?

Religious accommodations help eliminate conflicts between an applicant's or employee’s religious practices and job requirements. Examples of accommodations include:

• Scheduling a job interview to avoid conflict with a Muslim applicant’s prayer time
• Allowing a Pentecostal Christian employee to wear a long skirt instead of pants as part of the work uniform
• Scheduling a Seventh-day Adventist employee’s day off on Saturday so they can observe their holy day
• Allowing an atheist employee to join staff meetings late without penalty, so they don’t have to participate in the religious prayer offered at the beginning of meetings

Employers may only deny a religious accommodation if it creates an undue hardship. Factors to consider include: size of the business, overall employer size, type of business operation, nature and cost of the requested accommodation considering the employer’s resources, reasonable notice for the request, and any available reasonable alternatives.

What about job applicants?

Employers are not allowed to discriminate against job applicants based on their religious creed. Also, employers should ensure that selection criteria and interview questions avoid unintentional discrimination as well. For example, technology used to screen applicants based on availability to work may have a negative impact on applicants with certain religious beliefs (and lead to an adverse impact discrimination claim). Any selection criteria based on availability must be job-related and necessary for the business, and allow for accommodations based on religious belief.

The CRD also reminds employers that they cannot ask questions on job applications or during interviews that would prompt or force an applicant to reveal their religion. While employers may ask about an applicant’s availability to work, they must be clear that the applicant is not required to give information about their religion. For example, an employer can ask: “Other than time off for reasons related to your religion, are there days or times when you are unavailable to work?”

Tricky accommodation or hiring questions? CEA members can call us at 800.399.5331 or email us at CEAinfo@employers.org.