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Diane would then have had an obligation to provide sufficient information to permit her employer to make an affordable assessment of whether her request was based on a sincerely held religious perception, the precise conflict that existed between her work schedule and church schedule, and whether granting an accommodation would pose an undue hardship on the employer’s enterprise. An employer can refuse to offer a reasonable accommodation if it could pose an undue hardship. Once the employer becomes conscious of the employee’s religious battle, the employer should get hold of promptly no matter additional info is required to determine whether or not an inexpensive accommodation is obtainable with out posing an undue hardship on the operation of the employer’s business. For instance, if an employee requested a schedule change to accommodate daily prayers, the employer might have to ask for info about the religious observance, such as the time and duration of the each day prayers, so as to determine if accommodation can be granted without posing an undue hardship on the operation of the employer’s enterprise. Failure to confer with the employee just isn’t an independent violation of Title VII. But as a practical matter, such failure can have opposed authorized penalties. For instance, an employer with a number of services may be higher ready than one other employer to accommodate a Muslim worker who seeks a transfer to a location with a close by mosque that he can attend during his lunch break.

For instance, it could be an undue hardship for an employer to accommodate proselytizing by an employee if the proselytizing had adverse results on employee morale or office productiveness. For example, in some circumstances the place an employer has made no effort to act on an accommodation request, courts have discovered that the employer lacked the proof wanted to fulfill its burden of proof to establish that the plaintiff’s proposed accommodation would actually have posed an undue hardship. Moreover, even if the employer does not grant the employee’s most well-liked accommodation but as a substitute supplies an inexpensive alternative accommodation, the worker must cooperate by making an attempt to meet his religious needs by means of the employer’s proposed accommodation if doable. Once an employer is on notice that religious expression by an worker is unwelcome to a different employee, the employer should examine and, if acceptable, take steps to ensure that the expression in query does not grow to be sufficiently severe or pervasive to create a hostile work surroundings. As famous above, however, some workers may understand proselytizing or different religious expression as unwelcome primarily based on their very own religious beliefs and observances, or lack thereof. Employers should be aware that an employee’s religious beliefs and practices may evolve or change over time, and that this may increasingly lead to requests for extra or totally different lodging.

The applicant or worker may need to elucidate the religious nature of the belief, observance, or apply at situation, and cannot assume that the employer will already know or perceive it. Along with putting the employer on notice of the necessity for accommodation, the employee ought to cooperate with the employer’s efforts to determine whether an affordable accommodation might be granted. As well as, even in the absence of any notice that a religious accommodation is required, an employer violates Title VII if it takes an antagonistic action towards an applicant or employee (such as failing to hire) primarily based on its belief that the applicant or employee may want an inexpensive religious accommodation, until the employer proves that such an accommodation would have imposed an undue hardship. When requesting accommodation, the applicant or employee need not use any “magic phrases,” equivalent to “religious accommodation” or “Title VII.” The employer will need to have sufficient info to make the employer conscious that there exists a battle between the applicant’s or employee’s religious observance, follow, or perception and a requirement for making use of for or performing the job.

Therefore, while Title VII requires employers to accommodate an employee’s sincerely held religious belief in participating in religious expression (e.g. proselytizing) within the workplace, an employer does not have to allow such expression if it imposes an undue hardship on the operation of the enterprise. Employers should have a effectively-publicized and constantly utilized anti-harassment policy that: (1) covers religious harassment; (2) clearly explains what is prohibited; (3) describes procedures for bringing harassment to management’s attention; and (4) comprises an assurance that complainants will likely be protected in opposition to retaliation. To prevent conflicts from escalating to the level of a Title VII violation, employers ought to immediately intervene when they grow to be aware of objectively abusive or insulting conduct, even absent a complaint. Here, the hospital couldn’t accommodate Yvonne in her present place resulting from staffing cuts and risks to affected person safety, so the hospital’s resolution of a lateral switch complies with Title VII. Yvonne, a member of the Pentecostal religion, was employed as a nurse at a hospital. If the hospital is authorities run or receives federal funds, it could also have obligations to accommodate Yvonne below federal laws protecting conscience rights of its health care staff. She requested the hospital to accommodate her religious beliefs by allowing her to trade assignments with different nurses within the Labor and Delivery Unit as needed.