Quick Article Summary

• Employers must provide religious accommodations under Title VII of the Civil Rights Act of 1964, unless doing so creates an undue hardship.
• The U.S. Supreme Court recently raised the standard for “undue hardship,” requiring employers to show substantial increased costs or operational burden, not minimal inconvenience.
• Religious accommodations can include schedule changes, dress code exceptions, and job duty modifications — and must be handled through a consistent, documented process.

Understanding the Legal Foundation of Religious Accommodations

Religious accommodation law is primarily governed by Title VII of the Civil Rights Act of 1964, enforced by the U.S. Equal Employment Opportunity Commission (EEOC). Under Title VII of the Civil Rights Act of 1964, employers with 15 or more employees are prohibited from discriminating based on religion and are required to reasonably accommodate an employee’s sincerely held religious beliefs or practices.

The EEOC explains in its guidance on religious discrimination (see the official resource on the EEOC website) that religion is broadly defined. It includes not only traditional, organized religions, but also individual beliefs that are sincerely held, even if they are uncommon.

This means employers cannot dismiss a request simply because it seems unusual or unfamiliar.

What Counts as a Religious Accommodation?

Religious accommodations can take many forms depending on the employee’s beliefs and the nature of the job.

Common Examples Include:

• Time off for religious observances (e.g., Sabbath, holidays)
• Flexible scheduling or shift swaps
• Exceptions to dress and grooming policies (e.g., hijabs, turbans, beards)
• Prayer breaks during the workday
• Reassignment of certain job duties

The key question is not whether the employer agrees with the belief — it is whether the belief is sincerely held and whether the accommodation is reasonable.

The “Undue Hardship” Standard — What Employers Must Prove

This is where most employers get it wrong.

For years, employers relied on a very low standard for denying accommodations. That changed significantly with the U.S. Supreme Court’s decision in Groff v. DeJoy.

What Changed?

Before this case, employers could deny accommodations if they caused “more than a minimal burden.”

Now, the Supreme Court clarified that employers must show:

A substantial increased cost in relation to the conduct of the business

This is a much higher standard.

What This Means in Practice

You can no longer deny a request because:

• It’s inconvenient
• It disrupts scheduling slightly
• Other employees don’t like it

You must demonstrate real operational impact, such as:

• Significant financial cost
• Serious disruption to operations
• Inability to perform essential business functions

If you cannot show that level of hardship, you are expected to accommodate.

The Interactive Process: How Employers Should Respond

While Title VII does not explicitly require an “interactive process” like the ADA does, the EEOC strongly expects employers to engage in a good-faith discussion.

Step-by-Step Framework

1. Acknowledge the Request

Once an employee raises a concern tied to religion, treat it seriously. The request does not need to be formal or use legal language, but it is recommended to have a form ready for the employee requesting an accommodation to specify the details of their accommodation.

2. Assess Sincerity (Carefully)

Employers can question sincerity only if there is a legitimate reason to doubt it, but this should be rare. Avoid making assumptions or judgments.

3. Explore Accommodation Options

Discuss alternatives with the employee:

• Can schedules be adjusted?
• Can duties be reassigned?
• Can exceptions be made to policies?

4. Evaluate Undue Hardship

Analyze actual impact — not hypothetical concerns. Document:

• Costs
• Operational disruption
• Staffing limitations

5. Document the Outcome

Whether approved or denied, document:

• The request
• The analysis
• The final decision

This documentation becomes critical if a claim arises.

Dress Code and Grooming Accommodations

One of the most common religious accommodation issues involves workplace appearance policies.

The EEOC has consistently taken the position that employers must allow religious dress and grooming practices unless they create an undue hardship.

This includes:

• Head coverings
• Religious jewelry
• Beards or uncut hair

Employers should be cautious about enforcing “professional appearance” standards too rigidly if they conflict with religious practices.

Scheduling Conflicts and Religious Observance

Scheduling is one of the most litigated areas of religious accommodation.

Employees may request:

• Sundays off
• Fridays off
• Specific prayer times

After Groff v. DeJoy, employers must go further in attempting accommodations, such as:

• Offering voluntary shift swaps
• Adjusting schedules
• Reassigning shifts where possible

Simply saying “that’s our schedule” is no longer enough.

When Employers Can Deny a Religious Accommodation

You may deny a request — but only if you can clearly demonstrate undue hardship under the new standard.

Legitimate Reasons to Deny

• Significant cost to the business
• Inability to maintain minimum staffing levels
• Safety risks
• Violation of other laws or regulations

Weak Reasons That Will Not Hold Up

• Coworker resentment
• Minor inconvenience
• Preference for uniform policy enforcement

If challenged, the burden is on the employer to justify the denial.

Common Mistakes Employers Make

Treating Religious Requests Like Preferences

Religious accommodations are not optional benefits — they are legal obligations.

Failing to Document the Process

If it’s not documented, it didn’t happen — at least in the eyes of the EEOC.

Applying Policies Inconsistently

Approving one request but denying another similar request without justification can lead to claims.

Over-Relying on Old Legal Standards

Many employers still operate under outdated “minimal burden” thinking, which no longer applies after Groff v. DeJoy.

What Texas Employers Need to Understand

Texas does not have a separate religious accommodation law that overrides federal law — meaning federal standards control.

However, claims are still frequently filed through agencies like the EEOC, and outcomes can involve:

• Back pay
• Reinstatement
• Damages
• Legal fees

This makes compliance critical, especially for small and mid-sized businesses without formal HR structures.

Building a Religious Accommodation Policy

Your employee handbook should include:

• A clear statement that religious accommodations are available
• A process for requesting accommodations
• A commitment to engage in good-faith discussions
• Language outlining evaluation of undue hardship

This protects both the employee and the employer.

The Bottom Line on Employee Religious Accommodations in Texas

Religious accommodations are one of the fastest-evolving areas of employment law. The shift from “minimal burden” to “substantial hardship” means employers must be more thoughtful, more flexible, and more documented in their approach.

Handled correctly, accommodations can be simple and low-cost. Handled incorrectly, they can lead to costly legal disputes.

How the Texas HR Experts at The Unit Consulting Can Help

At The Unit Consulting, we help Texas employers navigate complex workplace issues like religious accommodations with confidence and compliance.

We assist with:

• Drafting accommodation policies
• Training managers on handling requests
• Evaluating undue hardship correctly
• Documenting decisions to protect your business

If you’re unsure whether your current practices would hold up under EEOC scrutiny, now is the time to fix it. Contact the Texas HR outsourcing firm at The Unit Consulting today.