5 min read

Religious Discrimination

Employers must accommodate sincerely held religious beliefs unless doing so would cause more than a minimal burden — and that burden standard got significantly harder to meet in 2023.

What's protected

Title VII prohibits discrimination based on religion in hiring, firing, pay, assignments, and all other terms of employment. It also requires employers to reasonably accommodate sincerely held religious beliefs and practices — including prayer schedules, religious dress, observance of holy days, and conscientious objection to certain tasks.

What "sincerely held" means

Courts don't evaluate whether a belief is correct or mainstream — only whether it is sincerely held by the employee. Beliefs don't have to be part of a formal religion. Moral or ethical beliefs that function like religious convictions may qualify.

The 2023 shift on undue hardship

For decades, employers could deny accommodations by showing even a minimal cost or burden. The Supreme Court's 2023 decision in Groff v. DeJoy changed that: employers must now show that granting the accommodation would cause a substantial burden on the overall business — a significantly higher bar. Many previously denied accommodations may now be required.

Red flags to watch for

Request for a schedule change for religious observance was denied without discussion
You were told to choose between your religion and your job
Dress or grooming accommodation was denied while similar secular exceptions were granted
Fired or disciplined for refusing a task that conflicts with your religious beliefs
Employer never engaged in any interactive process after your accommodation request

Next up

National Origin & Language Discrimination