The law vigorously protects our First Amendment right to freely exercise our religion (or lack thereof), and these protections extend into the employment context. Title VII of the Civil Rights Act of 1964 requires employers to accommodate employees whose sincerely held religious beliefs conflict with an employment requirement, unless accommodation poses an undue hardship on the employer. An employer may establish undue hardship by demonstrating that an accommodation would require more than a de minimis cost or would deny another employee his job shift preference in conflict with a bona fide seniority system, such as those outlined in a valid collective bargaining agreement. See Trans World Airlines, Inc. v. Hardison, 432 U.S. 63, 74 (1977); see also 29 C.F.R. § 1605.2(e).
Nicole M. Diaz, Esq.
Nicole M. Diaz, Esq. is a Senior Attorney with Gilbert Employment Law, P.C. and is a co-chair of the firm’s Federal Sector EEOC Practice Group. Ms. Diaz has experience representing federal employees, agencies, and plaintiffs before administrative bodies, including the Equal Employment Opportunity Commission and the Merit Systems Protection Board, and in federal courts in claims arising under Title VII, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Rehabilitation Act, the Equal Pay Act, and the Fair Labor Standards Act. Ms. Diaz has also represented federal agencies at arbitration, including propounding and responding to requests for information and engaging in motions practice before an arbitrator. She also has experience negotiating collective bargaining agreements between labor Unions and federal contractors.
Recent Posts
Religious Accommodations: Do I Have to Grant a REALLY Inconvenient Schedule Change?
Oct 10, 2019 10:21:24 AM / by Nicole M. Diaz, Esq.