Meat+Poultry - January 2024 - 86

LABOR
Faith-based considerations
Government at all levels, from the
federal to local, routinely regulates
many aspects of the relationship
between employers and their
employees. These regulatory measures
often overlap. The courts also
contribute to the regulatory regimen
through decisions that interpret and, at
times, expand the laws and regulations
they are called upon to interpret. One
recent action, a decision by the Supreme
Court, will affect every workplace in the
country for years to come.
RELIGIOUS ACCOMMODATION
The Civil Rights Act of 1964, which
applies to all employers with at least
15 employees, among other things,
obligates employers to reasonably
accommodate the religious beliefs and
practices of their employees. Until the
recent unanimous decision in Groff v
DeJoy involving a USPS letter carrier's
request for Sundays off to observe the
Sabbath, the standard for determining
the reasonableness of a requested
accommodation was not rigorous. If
granting the accommodation would
impose more than a de minimis burden
on the employer, it would likely be
deemed unreasonable.
This rather circumscribed standard
is in contrast to that under the
American with Disabilities Act (ADA)
which also imposes a reasonable
accommodation requirement on
employers where a disability affects
an employee's ability to perform the
essential functions of their job. Under
the ADA, an employer must show
that the requested accommodation
would have a significant impact on
the operation, either operationally or
financially, before it can refuse the
accommodation. This recent Supreme
Court decision increases the standard
for religious accommodation to a level
similar to that under the ADA. The
court ruled that all relevant factors
must be considered in evaluating
the reasonableness of the requested
religious accommodation. Among
the factors to be considered are the
specific accommodation requested, the
nature of the operation, its size, the
number of employees and the financial
viability of the employer. In simple
terms, the larger and more successful
the employer, the more likely
that it will be able to demonstrate
that a requested accommodation
is unreasonable.
INFREQUENT OCCURRENCE
Employee requests for reasonable
accommodation for a religious purpose
are not a frequent occurrence in most
workplaces. When they do arise,
they most frequently
involve a request for a
work schedule change
Standards
for determining
the reasonableness
of a requested
accommodation
have changed.
in order to participate in Sabbath
services. Issues seldom arise because,
except in unique circumstances, most
employers are able to rearrange work
schedules or permit shift swapping
to accommodate the request. It
also bares mentioning that the
accommodation obligation can also
apply to the wearing of religious garb
in the workplace.
Since the Supreme Court left it to
future lower court decisions to more
specifically define the parameters of
the revised employers' obligation,
it is open to serious question
whether employers will be able to
avoid more serious impositions on
their operations in responding to a
request for religious accommodation.
Irrespective of whether a requested
accommodation is reasonable or not,
it is important to keep in mind that
an employee's religion is something
significant and heartfelt. Such requests
should therefore be treated with the
respect and careful consideration that
they deserve.
RICHARD D. ALANIZ | meatpoult r y@sos land.com
This recent Supreme Court decision
increases the standard for religious
accommodation to a level similar to
that under the ADA.
86 MEAT+POULTRY | 01.24 | www.meatpoultry.com
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