Employee complaints of religious discrimination in the workplace have been on the rise. Last year, the U.S. Equal Employment Opportunity Commission fielded more than twice the number of religious discrimination complaints than it did in 1997. In light of this unsettling trend, the EEOC has released two publications to explain workplace rights and responsibilities for religious expression in the workplace.

The EEOC publications focus on religious clothing and grooming. Title VII of the Civil Rights Act of 1964 requires employers to make dress code and grooming exceptions for workers who follow religious practices that may not align with company policies.

Employers must provide religious accommodations to allow employees to honor religious practices — as long as doing so does not create an undue business hardship. The allowance of a Muslim hijab is a religious garb accommodation. Making an exception to facial hair policies for an individual whose religion requires an uncut beard is a grooming example.

Employers may not segregate individuals who request such accommodations. Employers also do not have the right to harass or retaliate against employees who request or receive religious accommodations.

In general, employers covered by Title VII may only refuse legitimate religious accommodation requests if making the exception would negatively affect workplace security, safety, health, or pose another actual hardship on business operations. In other cases, denying a religious accommodation is an illegal form of discrimination.

Victims of religious discrimination in the workplace have the right to hold their employers responsible.  If you or your friends or loved ones believe that you or they have been treated unfairly in the workplace for religious or other unfairly discriminatory reasons, it is important to consult with experienced legal counsel who focuses solely on employees’ rights.  Such counsel can make a big difference in reaching employee-favorable outcomes, whether by negotiations, mediation, arbitration, settlement, administrative hearings, or trial.

Source: U.S. Equal Employment Opportunity Commission, “EEOC Issues New Publications on Religious Garb and Grooming in the Workplace,” March 6, 2014