Religious Accommodations in the Workplace: Understanding Your Rights Under California Law

California law recognizes that the freedom to worship as one believes is a basic human right. Employers in California have a legal obligation to provide reasonable accommodations for employees’ religious beliefs and practices, including religious dress and grooming practices.

What Qualifies as a “Religious Belief” Under California Law?

California’s definition of “religious creed” is notably broad to include:

• Traditional recognized religions
• Any sincerely held beliefs, observances, or practices that occupy a place of importance parallel to that of traditionally recognized religions
• All aspects of religious belief, observance, and practice, including religious dress and grooming practices

This inclusive definition means that protection extends beyond mainstream religions to encompass sincerely held spiritual or ethical beliefs that function similarly to religious convictions in a person’s life.

Types of Religious Accommodations Required

California employers must accommodate employees’ religious practices unless they can demonstrate that it would be doing so would be unreasonable because it would create an undue hardship. Reasonable accommodations could include:

• Job restructuring
• Job reassignment
• Modification of work practices
• Allowing time off for religious observances
• Adjusting interview and examination times to accommodate religious practices
• Modifying dress and grooming standards to accommodate religious attire and practices
• Accommodations regarding union dues for employees whose religious beliefs prohibit union membership

Generally speaking, segregating an employee from customers or the public is not a reasonable accommodation for religious dress or grooming practices, unless expressly requested by the employee.

Protection Against Retaliation

California law provides robust protections against retaliation for requesting religious accommodations. California law is clear: “It is unlawful to discriminate or retaliate against a person for requesting reasonable accommodation based on religion, regardless of whether the employer granted the request.”

Additionally, California provides strong whistleblower protections that can help if an employee reasonably believes that they have been discriminated against because of their religion. It prohibits employers from retaliating against employees who:

• Report things that they reasonably believe are violations of law to government enforcement or employees of their employer who would be responsible to investigate
• Refuse to participate in activities that would violate the law
• Previously exercised whistleblower rights in former employment

When Can Employers Deny Accommodation Requests?

An employer may deny a religious accommodation request only if it can demonstrate that the accommodation would create an “undue hardship.” Factors considered in determining undue hardship include:

1. The size of the establishment (number of employees, budget)
2. The overall size of the employer (number of facilities, total workforce)
3. The type of operation and workforce composition
4. The nature and cost of the accommodation
5. Whether reasonable notice was provided
6. Available alternative means of accommodation

Pre-Employment Religious Inquiries

California law also specifically addresses religious inquiries during the hiring process. While employers are permitted to inquire as to a prospective employee’s availability on weekends and evenings for normal business requirements, they cannot use it as a way to ascertain religious beliefs or evade accommodation requirements.

Taking Action If You Believe Your Rights Are Violated

If you believe your employer has violated your right to religious accommodation, you may consider the following:

1. Document everything: Keep detailed records of your accommodation requests, your employer’s responses, and any subsequent actions. Ask for communications to be in writing, such as via email, and save any communications that are in writing. For verbal communications, send a follow up in writing to confirm what was said. 
2. File an internal complaint: You may consider raising the issue internally with your employer, escalating to a supervisor or the human resources department. If you choose to do this, remember to document your efforts.
3. File a complaint with government agencies: You could consider filing a complaint with California Civil Rights Department (CRD) or the federal Equal Employment Opportunity Commission (EEOC)
4. Consult with an employment attorney: Legal professionals can help assess your situation and guide you through available remedies, which could include monetary compensation.

If you feel your rights have been violated or have questions, consider reaching out to an employment lawyer. They may be able to explore potential steps that you can take or guidance on addressing the situation.