Understanding Employee Religious Accommodations Under Federal Law (and What It Means for Oregon & Washington Employers)

As religious accommodation requests become more common in today’s workplaces, many employers in Oregon and Washington are left wondering what exactly they’re required to do, and what’s changed recently. The rules aren’t as complicated as they seem, but they are significantly stricter than they used to be. Here’s a clear breakdown of what every employer should know.

Do Employers Have Obligations For Religious Accommodations?

Yes. Federal law, specifically Title VII of the Civil Rights Act, requires employers to accommodate sincerely held religious beliefs unless doing so creates an undue hardship for the organization. Oregon applies this to employers with one or more employees, and Washington to employers with 8 or more employees.

What Does A “Sincerely Held” Religious Belief Mean?

A sincerely held religious belief is defined very broadly. It means a belief that an employee genuinely adheres to and practices as part of their overall way of life, even if the belief is not associated with a formal or organized religion. The law protects these beliefs when they are rooted in religious conviction, rather than personal preferences or philosophical viewpoints. Employers are not permitted to assess the validity or reasonableness of the belief, only whether the individual sincerely holds it.

Can We Ask for Documentation to Prove the Sincerity of the Religious Belief?

Employers cannot require formal documentation, such as a letter from a religious organization or clergy member, to prove that an employee’s religious belief is sincere. In general, employers should assume sincerity unless there is an objective reason to question it.

Objective reasons to question the sincerity may include inconsistent behavior, suspicious timing, the request appearing to be connected to a personal benefit or non-religious viewpoint, or when there is evidence that the request might be in bad faith.

If there is an objective reason for doubt, the inquiry still needs to be extremely limited. Employers may only ask for the employee’s own explanation of their religious belief, and how it conflicts with job duties. If the employee voluntarily chooses to bring in material, an employer may take that material into consideration but cannot require third-party documentation during this inquiry.

Ultimately, the goal is to determine whether providing the accommodation would create an undue hardship, and not on challenging the belief itself. Questioning sincerity is risky and can lead to discrimination claims.

Did the Law for Religious Accommodations Change?

Yes. For almost 50 years, employers could deny a religious request if it imposed more than a minimal burden on their business. In Groff v. DeJoy (2023), the U.S. Supreme Court raised the standard significantly. Now, employers must demonstrate that the accommodation would create a substantial increased burden in the overall context of the business. This is a much higher bar than previously.

Is This the Same as ADA Accommodations?

Sort of. Both religious accommodations and disability accommodations under the Americans with Disabilities Act (ADA) follow a similar structure: employers must engage in an interactive process with the goal of enabling the employee to perform the essential functions of their job. Both require reasonable accommodations unless doing so creates an undue hardship.

The difference lies in how undue hardship is defined:

• ADA: The hardship must create “significant difficulty or expense,” which has always been a higher standard.
• Religious accommodations: The hardship must create a “substantial increased burden,” which is lower than the ADA threshold but still stricter than the prior de minimis standard.

What Factors Demonstrate that an Accommodation Would Create a Substantial Burden and Qualify as an Undue Hardship?

To deny a religious accommodation request, employers must show the burden is substantial in the overall context of the business. Factors may include:

• The employer’s financial resources
• The nature and cost of the accommodation
• The size of the organization
• The impact of the accommodation on coworkers, to the extent it affects business operations
• Legitimate safety concerns
• The nature of the employer’s operations

These determinations are made on a case-by-case basis, with courts examining the totality of all the relevant factors.

What Do Religious Accommodations Typically Look Like?

Common examples include schedule changes, leave for religious observances, and modifying dress codes to allow religious garments.

Why is Compliance Important When It Comes to Religious Accommodations?

Compliance matters because religious accommodation is not just a “nice thing for employers to do.” It is a legal requirement under both state and federal law.

Failing to follow these rules can lead to discrimination claims, expensive lawsuits, and decreased employee morale and trust. A clear and consistent process helps ensure fairness, reduces compliance risk, and helps foster a respectful, inclusive workplace.