EEOC Case Underscores Employers’ Duty to Provide Reasonable Religious Accommodations Under Title VII, by Mark Carver, Esq., 10-28-2025

A reminder for employers to reasonably accommodate an applicant or employee’s religious observance or practice unless doing so would cause undue hardship.

Last month, the EEOC reported that it found a national restaurant chain unlawfully refused to hire an applicant due to his request for Sundays off because of his religious beliefs. This case serves as a reminder for employers to recognize requests for religious accommodations from employees and applicants and to make reasonable religious accommodations, unless such an accommodation would pose an undue hardship that is substantial to the overall context of the business.

Federal Law Prohibits Religious Discrimination in the Workplace

Title VII of the Civil Rights Act prohibits employment discrimination and harassment based on religion. This means an employer must reasonably accommodate the sincerely held religious beliefs and religious practices of its employees and job applicants—unless doing so would cause an undue hardship to the business.

Types of Religious Accommodation

Employees may request modifications or exceptions to workplace practices or policies so the employees may observe their religious beliefs. Common accommodations include:

• Flexible scheduling (e.g., allowing time off for religious observances);
• Shift swaps or substitutions;
• Job reassignments; and
• Modifications to dress or grooming policies.

Specific examples may include:

• Allowing a Muslim employee to wear a religious headscarf (i.e., hijab), even if the dress code prohibits headwear; or
• Permitting a Catholic employee to leave early on Good Friday to attend religious services.

Undue Hardship Requires Significant Operational Costs or Difficulties

Employers must meet a higher standard to deny religious accommodations. Undue hardship means a substantial burden on the business, not just a minor inconvenience or minimal cost. This means an employer cannot deny a request simply because it causes some disruption or affects other employees. Just showing that a religious accommodation impacts other employees is insufficient to establish an undue hardship. That is, employees may need to change their duties or schedule to accommodate another employee’s religious practices. To prove a hardship, the employer must show that the accommodation would result in significant operational costs or difficulties.

This standard was recently established by the U.S. Supreme Court in the 2023 case, Groff v. DeJoy. Mr. Groff is an Evangelical Christian who refused to work Sundays due to his religious convictions, and he resigned after receiving progressive discipline for not working Sundays. Groff argued that his employer (the U.S. Postal Service) should have accommodated his religious practice by reassigning other employees to work on Sunday. The USPS claimed that doing so burdened coworkers, disrupted workflow, and hurt morale. The Supreme Court clarified that “undue hardship” under Title VII means more than just inconvenience or coworker resentment—it must involve substantially increased costs or significant disruption to the business. Thus, the Supreme Court sent the case back to the lower courts to reassess whether Groff’s requested accommodation truly met that threshold.

Under the Supreme Court’s revised standard, the trial court reversed its earlier ruling that had granted summary judgment in favor of the USPS. The trial court now found that genuine issues of material fact existed regarding whether accommodating Mr. Groff would impose an undue hardship on the USPS. As a result, the case was set to proceed to trial; however, the parties ultimately reached a private settlement to resolve this matter.

What Employers Should Do

To ensure compliance with federal law and foster an inclusive workplace, employers should take the following proactive steps to accommodate the religious beliefs and practices of applicants and employees:

• Train Managers: Provide regular training for supervisors, managers, and HR personnel to recognize and appropriately respond to requests for religious accommodations.
• Use the Interactive Process: Engage in a good-faith interactive process to explore reasonable accommodations when an employee requests a religious accommodation.
• Review Policies: Review and update employee handbooks, dress codes, scheduling policies, and other workplace rules to ensure they align with Title VII.
• Seek Qualified Legal Counsel: Consult with an experienced employment law attorney for assistance with addressing the accommodation request.
• Foster an Inclusive Culture: Encourage open communications and create a workplace environment where employees feel safe expressing their religious needs.

Author: Mark Carver, Esq. is a Partner in Kaufman Dolowich’s New Orleans office.