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| Issue: |
A supervisor is complaining about an employee who refuses to remove her eyebrow ring and nose jewelry, which is in violation of the company's dress code. The employee says that she belongs to the Church of Body Modification and that she must display her body piercings at all times. The supervisor has never heard of the Church of Body Modification and wants to know if he really has to accommodate a made-up religion. |
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Answer: |
A traditional religion—or any formal religion for that matter—is not necessary to trigger an employer's duty to accommodate religion. EEOC regulations define religious practices to include moral or ethical beliefs as to what is right and wrong that are sincerely held with the strength of traditional religious views. The fact that no religious group espouses such beliefs or the fact that the religious group to which the individual professes to belong may not accept such belief is not determinative of whether the belief is a religious belief of an employee or applicant. It is not the validity of the religious belief that is in issue, but rather the degree of sincerity with which an individual adheres to a practice or belief. However, belief in a social, political or economic philosophy does not qualify for religious accommodation protection.
Both religious observances and practices must be accommodated unless an employer demonstrates that accommodation would result in undue hardship to the conduct of its business.
Source: 29 CFR 1605.1; EEOC Compliance Manual Section 628.4. |
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