Religious Accommodation Requests: What Federal Employees Need to Know

Similar to employees in the private sector, federal employees are entitled to reasonable religious accommodations under Title VII of the Civil Rights Act of 1964. If you are a federal employee, you have the right to request a reasonable religious accommodation, and, generally speaking, your federal employer must provide your requested accommodation unless doing so would create an “undue hardship.” Learn more from a Maryland federal discrimination lawyer.

Federal Employees Have the Right to Reasonable Religious Accommodations Under Title VII

Title VII covers federal employees who hold all types of religious beliefs. When a federal employee’s religious beliefs and their job responsibilities are at odds with one another, Title VII states that the federal employee is entitled to a reasonable accommodation so that the employee can perform his or her work without compromising his or her religious beliefs. As the U.S. Department of Labor (DOL) explains:

“Title VII requires federal agencies, upon notice of a request, to reasonably accommodate employees whose sincerely held religious beliefs, practices or observances conflict with work requirements, unless the accommodation would create an undue hardship.”

For purposes of Title VII, the term “religion” is defined broadly. As the U.S. Equal Employment Opportunity Commission (EEOC) explains, all of the following can justify a request for a reasonable religious accommodation under Title VII:

• “[T]raditional, organized religions such as Christianity, Judaism, Islam, Hinduism, Sikhism, and Buddhism.”
• “[R]eligious beliefs that are new, uncommon, not part of a formal church or sect, only subscribed to by a small number of people, or that seem illogical or unreasonable to others.”
• Religious beliefs that are “not… confined in either source or content to traditional or parochial concepts of religion.”
• “[A] ‘sincere and meaningful’ belief that ‘occupies a place in the life of its possessor parallel to that filled by . . . God.’”
• “[N]on-theistic ‘moral or ethical beliefs as to what is right and wrong which are sincerely held with the strength of traditional religious views.’”

As noted by the DOL, a key aspect of Title VII’s religious protections is that it requires a federal employee’s beliefs to be “sincerely held.” However, as the EEOC also notes, “[w]hether or not a religious belief is sincerely held by an applicant or employee is rarely at issue in… Title VII religious claims.” We saw the issue of whether a belief was “sincerely held” receive more attention during the COVID-19 pandemic when many employees were seeking to avoid getting vaccinated based on claimed religious beliefs; however, generally speaking, “the sincerity of an employee’s stated religious belief is usually not in dispute and is ‘generally presumed or easily established.’”

Regarding types of religious accommodations, federal employees are entitled to request any type of accommodation that is necessary to allow them to observe their religion. The EEOC provides examples, including:

• Work Schedule Changes – Including authorization of revised work schedules, flexible work schedules, and breaks to accommodate religious observances.
• Clothing and Personal Grooming – Including authorization to wear religious clothing and to have facial hair that would be prohibited under an agency’s normal dress and grooming policies.
• Religious Expressions at Work – Including authorization to use federal facilities and work spaces for religious observances.

As the DOL explains, [i]f [a religious accommodation] would not pose an undue hardship, the employer must grant the accommodation.” So, what is an “undue hardship”?

Federal employers may assert undue hardship based on any one or more of the following:  

• Financial cost
• Risk to workplace safety
• Reduction in workplace efficiency
• Infringing the rights of other federal employees
• Requiring other federal employees “to do more than their share of potentially hazardous or burdensome work”
• Violation of a collective bargaining agreement
• Violation of the rights established through a seniority system

Importantly, when claiming undue hardship, a federal agency must be able to demonstrate that the hardship is “genuine” and not “merely speculative.” In other words, federal agencies must have a legitimate, demonstrable justification for denying a religious accommodation request that falls into one of the seven categories listed above. In some cases, such as those involving “undue” financial costs, federal agencies may also have an obligation to work with an employee who requests a religious accommodation to try to find a solution that works for both the agency and the employee.

A federal employee who requires a religious accommodation “must make the agency aware of the need,” and should generally submit a request “orally and/or in writing (via letter, email, or fax), to his or her immediate supervisor.” However, federal employees do not need to follow any specific procedures to request a religious accommodation, and specific wording is not required.

Improper Denial of a Reasonable Accommodation Request is a Form of Religious Discrimination

Improper denial of a reasonable accommodation request is a form of religious discrimination under Title VII. If you believe that your federal employer has improperly denied your request for a reasonable religious accommodation, you will want to speak with a Maryland federal discrimination lawyer about your legal rights. Similar to other forms of discrimination, federal employees who experience religious discrimination in the workplace may be entitled to various remedies, and an experienced Maryland federal discrimination lawyer will be able to help you make informed decisions about how best to proceed.

As a federal employee, protecting your legal rights is important. Unfortunately, this often isn’t as easy as it should be. If you believe your legal rights have been violated, you can—and should—take action, and you can get started by scheduling a confidential consultation.

Request a Confidential Consultation with a Maryland Federal Discrimination Lawyer  

If you have questions about protecting your religious rights under Title VII as a federal employee, we invite you to get in touch. We are more than happy to explain everything you need to know and help you make informed decisions about your next steps. To request a confidential consultation with Maryland federal discrimination lawyer Jay Stafford and his team, please call 410-514-6099 or contact us online today