Evaluating Religious Accommodation Requests: Are Employers Using The Right Standard?

An employer can deny a request for an accommodation based on an employee's religious beliefs if the request imposes an "undue hardship" on the employer. Although this remains the law, the definition of "undue hardship" has changed. Prior to 2023, an "undue hardship" was defined as "more than a de minimis" (very small or trifling) cost on an employer. This was a low bar for employers to meet, and made it relatively easy for an employer to deny a religiously based accommodation request. A new standard was established in 2023 which makes it much more difficult to deny an employee's request to be accommodated on the basis of religion.

Current Definition of "Undue Hardship"

Currently, an employer may only deny an employee's request for an accommodation based on religious belief if granting it would cause an undue hardship defined as "substantial increased costs in relation to the conduct of its particular business." This new definition is much more difficult for