Excerpted from a Lehr Middlebrooks Vreeland & Thompson, P.C. Blog by McKenzie Meade
This article falls in line with recent blogs discussing the EEOC’s heightened focus on religious discrimination cases. P.F. Chang’s recent settlement serves as another reminder (or warning) to employers of the importance of accommodating sincerely held religious beliefs absent undue hardship.
The EEOC announced that P.F. Chang’s, located in Birmingham, AL, has agreed to pay $80,000 to resolve a religious discrimination charge. The EEOC contends that P.F. Chang’s failed to hire an applicant who requested Sundays off for religious purposes during the interview process.
In addition to the monetary settlement to the applicant, P.F. Chang’s committed to revising its written policies and procedures concerning religious accommodations. In addition, P.F. Chang’s will require its Birmingham employees, including supervisors, managers, and HR personnel, to undergo training on equal employment opportunity rights and responsibilities, with a focus on religious accommodation. The company further agreed to post a notice about the resolution of the case and the laws enforced by the EEOC.
This recent case reflects the EEOC’s ongoing focus on religious discrimination claims. Below is a refresher on key lessons for employers:
Engage in the interactive process. Don’t summarily deny requests, even if they’re obviously unreasonable. Under Groff v. DeJoy, employers are obligated to explore alternatives with an applicant or employee.
Blind adherence to a policy may result in failures to accommodate. Blanket policies (e.g., on scheduling or dress codes) do not override legal requirements to provide accommodation.
Employers should establish a unified accommodation request process that covers religion, pregnancy, and disability.
- Employers should have a policy that encourages employees to bring accommodation requests to human resources.
- But, employers should train everyone else. Managers and supervisors must be trained to recognize and elevate potentially legally-protected requests.
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