California employers must provide reasonable accommodation for employees’ sincerely held religious beliefs, unless doing so would impose an undue hardship. This requirement comes from both the Fair Employment and Housing Act (FEHA) and federal Title VII, but FEHA is broader and more stringent under California law.
Understand the scope of religious creed
“Religious creed” under FEHA includes traditional religions and any sincerely held belief or practice that plays a similar role in a person’s life—it also covers dress and grooming. You must accommodate these practices unless you can prove it causes significant difficulty or expense.
Respond once you know or should know
Obligations begin when you know or should know of an employee’s religious practice that conflicts with work, like prayer times, religious attire, or no work on certain days. At that point, you must initiate an interactive process to discuss the conflict and possible accommodations.
Engage in the interactive process
You must engage promptly. Discuss the specific conflict—for example, needing a break for prayer, wearing a head covering, or exempting from Sunday work. Explore potential accommodations like shift swaps, flexible schedules, or dress code adjustments. Document this process and employee input.
Evaluate undue hardship strictly
In California, “undue hardship” means a substantial burden, not minimal cost. Under FEHA’s CCR §11062, you must weigh factors like employer size, cost, and whether the hardship affects operations or co-workers. Mere inconvenience or nominal cost isn’t enough to deny accommodation.
Provide written notice of your decision
Once the interactive process concludes, you must inform the employee in writing about the outcome, including reasons for denial or modification, and whether more information is needed.
FEHA makes retaliation illegal. You cannot discipline or treat an employee adversely for requesting a religious accommodation, even if you ultimately deny it.