Checklist: Risk Analysis for Religious Accommodation

The following series of questions can be used to evaluate the risk of liability associated with failing to make an accommodation to employees' religious practices and beliefs. It will guide you through the analysis used by the courts and the EEOC. Keep in mind that courts evaluate the particular factual context of each case. Therefore, some factors may carry more weight than others. However, all of these areas indicate potential problems that should be considered. Further investigation may be warranted.

Is the practice or belief for which accommodation is sought "religious"?

• Is it sincerely held?
• Is it held with the strength of traditional religious views?
• Do the employee's actions contradict the sincerity of the employee's beliefs?
• Is the belief essentially religious rather than political or social?

Is the employer a religious institution entitled to an exemption?

Is religion a bona fide occupational qualification?

• Is there a demonstrable safety risk?

Was the employer notified of the need for a religious accommodation?

Was reasonable accommodation offered?

• What alternatives were considered?
• What other alternatives might have been considered?
• What alternatives were offered?
• If more than one accommodation has been identified, has the employer offered the accommodation that is least disadvantageous to the individual's employment opportunities?

Will accommodation present an undue hardship on the employer's operations ?

• How much will the accommodation cost?
• Would the accommodation violate seniority rights?
• Is the rule supported by business necessity?
• What is the impact of the accommodation on coworkers?
• What are the resulting personnel problems?
• Will the accommodation violate a collective bargaining agreement? If so, has the union been contacted about a possible accommodation?

Why was discipline imposed --was it because of the failure to comply with the conflicting rule?