posted by David M. Lira | Aug 18, 2005 11:32 AM [EST]

Religion in the WorkplaceFor the most part, your religion should have no part in what happens in the workplace, but there is one exception: when you ask for an accommodation because of your religious beliefs.The concept of "accommodation" appears only in three places, as far as I know, in the context of workplace law. Arguably, it may come up when employees request leave under the Family Medical Leave Act. It certainly comes up in the context of workers with disabilities, who may be covered by the Americans with Disabilities Act and the NYS Human Rights Law, and who need changes in workplace procedures or policies to do their job. It also comes up when employees need modifications most often of schedules, but sometimes also policies, to accommodate religious observances. These employees may be covered by Title VII and the NYS Human Rights Law.In these three narrow areas employers have an obligation to accommodate the needs of employees, but the way the law is set up employers do not have to blindly accept the basis for the employee's request for accommodation. In essence, the employer is entitled to verification, provided the employer's request is reasonable.Think of it as a conversation:The employeee: I need an accommodation in my work schedule so that I can attend to my seriously ill husband.Or: I need to change how this task is done because the way we do it now is impossible for me because I'm in a wheelchair.Or: I need to leave early on Fridays because I'm Jewish and observe the Sabbath.The employer: We'd be glad to accommdate you, but how do we know that what you are saying is true. Is your husband really seriously ill? Why does the fact that you are in a wheelchair prevent you from following our usual procedures? Are you really an observant Jew?In contexts where employees are entitled to accommodation, employers are entitled to some form of documentation backing up the need for the accommodation. Medical notes might suffice when it comes to the sick husband and wheelchair bound employee. A note from a Rabbi or minister should suffice to establish the religious observance. Sometimes an employer might take less. Sometimes circumstances may require more.