Recent Arbitral Decision Suggests There Are Objective Limits To An Employee’s Right To Religious Accommodation

Increasingly, employers are being faced with requests from employees requesting religious accommodation on various grounds, including paid time off for religious holidays; extended religious leaves of absence for religious pilgrimages; and modification of scheduling requirements.  With workplaces rapidly becoming more diverse and multicultural, it is often difficult for employers to ascertain whether or not they are required to accommodate such requests without facing significant human rights damages.  A recent Ontario arbitral decision holds out a ray of hope for employers that there are indeed limits to establishing a prima facie case of discrimination on the basis of religion or creed.