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6. What should I do if an applicant or employee asks for breaks, leave or other changes to a work situation because of his medical condition or his religious beliefs?

6. What should I do if an applicant or employee asks for breaks, leave or other changes to a work situation because of his medical condition or his religious beliefs?

Notice Concerning the Undue Hardship Standard in Title VII Religious Accommodation Cases.

This document was issued prior to the Supreme Court’s decision in Groff v. DeJoy, 143 S. Ct. 2279 (2023). The Groff opinion clarified that “showing ‘more than a de minimis cost’…does not suffice to establish undue hardship under Title VII.” Instead, the Supreme Court held that “undue hardship is shown when a burden is substantial in the overall context of an employer’s business,” “tak[ing] into account all relevant factors in the case at hand, including the particular accommodations at issue and their practical impact in light of the nature, size and operating cost of an employer.” Groff supersedes any contrary information on this webpage. For more information about the EEOC’s resources on religious discrimination, please see https://www.eeoc.gov/religious-discrimination.

Notice concerning the Pregnant Workers Fairness Act of 2022

This document was issued prior to enactment of the Pregnant Workers Fairness Act (PWFA), which took effect on June 27, 2023. The PWFA expands the rights of workers affected by pregnancy, childbirth, or related medical conditions to receive reasonable accommodations, absent undue hardship. To learn about protections under the PWFA, visit What You Should Know About the Pregnant Workers Fairness Act.

We refer to these types of requests as requests for "reasonable accommodation." In general, you are required to provide reasonable accommodations (changes to the way things are normally done at work) to applicants and employees who need them for medical or religious reasons.*

However:

You are not required to provide a disability accommodation that would require:
- Incurring significant difficulty or expense;
- Changing the fundamental duties of the job;
- Lowering production or performance standards; or
- Tolerating misconduct.
You are not required to provide a religious accommodation that would pose more than a minimal cost or burden.

To ensure that accommodation requests are handled properly and to prevent complaints:

Consider developing a process to handle accommodation requests that encourages discussion with employees about what is needed;
Ensure that managers know how to identify and respond to accommodation requests;
Determine whether you can provide temporary accommodation(s) if the agreed-upon accommodation cannot be provided immediately; and
If you cannot provide the employee's preferred accommodation, determine whether you can provide an alternative accommodation and explain why the preferred accommodation was not provided.

* Federal, state and local laws may require you to provide reasonable accommodations for other reasons. Federal, state and local government websites may have additional information about these laws.

6. What should I do if an applicant or employee asks for breaks, leave or other changes to a work situation because of his medical condition or his religious beliefs?

Notice Concerning the Undue Hardship Standard in Title VII Religious Accommodation Cases.

Notice concerning the Pregnant Workers Fairness Act of 2022

See also:

U.S. Equal Employment Opportunity Commission

EEOC Headquarters

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6. What should I do if an applicant or employee asks for breaks, leave or other changes to a work situation because of his medical condition or his religious beliefs?

Notice Concerning the Undue Hardship Standard in Title VII Religious Accommodation Cases.

Notice concerning the Pregnant Workers Fairness Act of 2022

See also: