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ARTICLE · 10 APRIL 2019

Navigating Requests For The Accommodation Of Uncommon Religious Practices

Employers are generally aware of their obligation to accommodate the needs of employees who participate in "mainstream" religions.

United StatesEmployment and HR

Employers are generally aware of their obligation to accommodate the needs of employees who participate in "mainstream" religions. They may be unprepared, however, to appropriately respond to employees' requests for accommodation relating to lesser-known religions or practices—including but not limited to those who wear a religious kirpan (a small, dull and sheathed miniature sword worn in the Sikh faith) or who take time off on Samhain, the Wiccan High Holy Day that falls on Halloween. As a result, employers may deny such requests, resulting in religious discrimination and failure-to-accommodate claims.

An employer's obligation to provide reasonable accommodation for employees' religious needs arises under Title VII of the Civil Rights Act of 1964 and many state anti-discrimination laws. These laws have broad definitions of what constitutes a religion. In fact, the absence of religion, or being an atheist, is also protected under the law. Employers must accommodate

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