A recent settlement by the Equal Employment Opportunity Commission (EEOC) underscores the critical importance for employers to consistently uphold anti-discrimination protections for both employees and job applicants.
A Washington state-based staffing agency has agreed to pay $217,500 to settle allegations that it violated Title VII of the Civil Rights Act of 1964 (Title VII) when it failed to hire a Muslim job applicant after the individual asked about a religious accommodation to attend Friday prayer. Title VII prohibits an employer from rejecting qualified applicants because of their religion or need for religious accommodation.
According to the facts alleged, Logic Staffing invited the applicant to interview at its Kent, Washington, headquarters the day after he submitted an online application. On the strength of his application and interview, the supervisor started to explore available openings when the applicant disclosed a possible need for a longer mid-day break to attend Friday prayer. Although the applicant said he would not need additional time if his workplace was close to a mosque, the supervisor ended the interview and noted that the applicant was not hired due to his schedule and need to attend Friday prayer. It is also alleged that Logic Staffing disqualified the applicant from future employment after he sought confirmation that he was not hired because of his request for a religious accommodation.
Logic Staffing’s error is a stark reminder to all employers that Title VII protections apply equally to staffing agencies, as well as employers and unions, who all have a duty under the statute to explore workplace accommodations that allow workers to practice their faith.
Employers should consider the following best practices before taking any adverse action in response to a request for a religious accommodation:
- Understand who the law protects. The law protects people who have sincere religious, ethical or moral beliefs. This includes people who belong to traditional, organized religions, such as Buddhism, Christianity, Hinduism, Islam, Judaism or Sikhism, as well as people who have newer or less common religious beliefs, and atheists.
- Consider the request. Don’t automatically refuse an accommodation request or have an inflexible policy that doesn’t allow for exceptions.
- Review each request individually. Avoid assumptions about religious beliefs or practices or appropriate accommodations.
- Discuss the request with the applicant or employee if needed to ensure you understand the employee’s religious needs and available accommodation options. For example, if an employee requests a schedule change so they can attend religious services, consider discussing when the services take place and the conflicts posed by the employee’s current schedule in order to determine whether a schedule adjustment is possible.
- Provide an effective accommodation, unless doing so would create an undue hardship (i.e., require more than minimal cost, based on company resources and the operations of the business).
- Be receptive to additional accommodation requests. An employee’s religious beliefs and work responsibilities may change over time, resulting in additional or alternative accommodation requests.