Breaking News :

OIA Announces Social Investment Policy, Launches “Qimam” Platform

POPS Supervisory Committee Holds First Meeting in 2024

Bank Muscat’s Sayyarati Auto Finance Option Comes with the Best Financing Facilities for Customers

“Ooredoo Oman Welcomes Khawla Al-Amiri as Chief People Officer, Reinforcing Commitment to Local Leadership Empowerment”

Bank Muscat Launches EAGLEs Programme: A Pioneering Leadership Engagement Across Branch Network

“Forging Tomorrow: A Global Imperative for Advanced AI Infrastructure”

“High-Paying Careers in Artificial Intelligence: Securing Your Future in the Evolving Job Market”

HM The Sultan Issues Two Royal Decrees

Unlocking New Horizons for Entrepreneurs: The Fourth Industrial Revolution

Royal Army of Oman Celebrates Passing Out of Officer Cadets, University Officers

HM The Sultan Offers Condolences on the Death of Kuwaiti Emir

HM The Sultan Gives Audience to Business People in India

HH Sayyid Theyazin Conveys HM The Sultan’s Greetings to Russian President

First Muscat Dialogue Sessions Begin

Oman and Switzerland Strengthen Bilateral Cooperation with Multiple Memoranda of Understanding

Empowering Coastal Women in Oman: “Mina” Project Unveiled

Information Minister Affirms Keenness to Strengthen Communication with International Media Institutions

“Oman’s Education and Innovation Drive: Sultan Haitham’s Vision”

UAE Space Agency launches National Space Academy to develop national cadres

HM The Sultan Presides over 8th Term Convening of Council of Oman

Selecting Topics Phase Launched of “Together we Make Progress” Forum

HM The Sultan Issues 2 Royal Decrees

Interior Minister visits Operations Chamber of Shura Council Elections

Omanis Cast Ballots for Shura Council’s 10th Term Membership

“Navigating Talent Challenges in Oman’s Telecom Sector”

“Bank Merger in Oman: A Human Resources Transformation Story”

Omantel’s 5G Excellence Recognized with “Samena Communications Award”

NHS scientist awarded £58,000 after being named ‘Paininarse’ on spreadsheet

‘Kill list’ | Mystery doc shows list of LinkedIn staff facing redundancy, days before HR announcement

HM The Sultan Receives Ambassadors’ Credentials

“Empowering Omani Women: A Message of Hope and Progress”

Mohammed bin Rashid opens GITEX GLOBAL

HH Sayyid Bilarab Chairs Meeting of Omani Startups’ Supervisory Committee

“Dhi Yazan bin Haitham Al Said Inaugurates Duqm Economic Forum “

Omani Woman: Clear Vision & Remarkable Achievements

“Strategies for Cultivating a Healthy and Productive Work Environment”

“Essential Reading for HR Professionals: 17 HR Books You Can’t Miss in 2023”

“Future-Proofing Your Career: Essential Skills for Tomorrow’s Job Market”

MAWARED annual book

Transformational Leadership: Inspiring Change and Achieving Excellence

“al sulaam Program (Episode four) with Dr. Aamal al bussaidi .”

“al sullam Program (Episode Two) with Dr. Ahmed Al-Ghusani.”

Nama Group and Omani Society for Human Resource Management (OSHRM) announce strategic partnership in Human Resources development

Saudi Oil Giant Aramco Announces $121 Billion Profit in 2023

Tender Board Signs Agreements with Karwa Motors on Government Procurement, School Bus Purchase

Najahi Business Banking from Bank Muscat: Empowering Small Businesses

His Majesty Exchanges Ramadan Greetings With Arab, Islamic Leaders

A’Rustaq Hospital Diagnoses Child with Gastric Wall Vein Bleeding

QCB Launches ‘FAWRAN’ Instant Payment Service

National Development Fund Partners with World Economic Forum

Qatar Chairs 49th Meeting of GCC Standing Committee for Combating Harmful Practices in International Trade

Saudi Arabia’s Air Connectivity Program Signs Deal with Eurowings to Enhance Air Connectivity between Saudi Arabia and the EU

HM King presented unique development model: Omani Ambassador

April 16, 2024

“Supreme Court Ruling Strengthens Religious Accommodation Rights for Employees”

in light of a U.S. Supreme Court decision last month, employers may need to examine and modify their policies on religious accommodations. The ruling makes it harder for employers to deny employees’ requests for this type of accommodation.

The case involved Gerald Groff, a former postal worker who sued the U.S. Postal Service (USPS) for failing to accommodate his religious practice. Groff is an evangelical Christian who observes a Sunday Sabbath, meaning he doesn’t work on that day. The USPS had scheduled him for some Sunday shifts involving Amazon package delivery.

Under Title VII of the Civil Rights Act of 1964, employers must reasonably accommodate all aspects of an employee’s religious observance or practice that can be done without creating an undue hardship for the business. In Groff v. DeJoy, the Supreme Court ruled that employers can only deny an employee’s request for a religious accommodation under federal law if they can prove it would result in substantially increased costs for the business.

To determine whether there’s an undue hardship, companies must evaluate the practical impact of an accommodation on the conduct of the business, based on the nature, size and operating costs of that particular organization, the court said.

“The court dramatically heightened the standard for religious accommodation in the workforce, despite its statements to the contrary,” said Pamela Moore, an attorney with McCarter & English in Hartford, Conn. “It will result in employers having greater difficulty managing the workplace and denying religious accommodations that are undoubtedly disruptive to an employer’s organization.”

In addition, “[t]he determination of whether an undue burden exists will be highly fact-specific from situation to situation, and employer to employer, given the emphasis on considering the conduct of the employer’s particular business,” said Christopher Durham, an attorney with Duane Morris in Philadelphia.

The court was careful to not adopt the same standard used for disability accommodations under the Americans with Disabilities Act.

The Groff ruling “splits the baby,” said Matt Durham, an attorney with Dorsey & Whitney in Salt Lake City. “It did not adopt the higher disability accommodation standard the plaintiff, and religious rights groups, sought. But it certainly raises the bar from the pre-Groff standard that allowed employers to deny accommodations that imposed more than a de minimis burden.”

The ruling “reaffirms the careful balance necessary to protect religious freedom and enable employers to implement policies necessary to manage their workplaces,” SHRM said in a statement.

Defining Undue Hardship

For now, it may be hard to know where to draw the line between undue hardship and lesser burdens.

The regular payment of premium wages or the hiring of additional employees to provide an accommodation would be more than a de minimis cost, said Patricia Pryor, an attorney with Jackson Lewis in Cincinnati. However, temporary costs, voluntary shift swapping, occasional shift swapping and small administrative costs were found to be less than de minimis.

“Undue hardship can exist if the proposed accommodation would either cause or increase safety risks, or expose an employer to U.S. Occupational Safety and Health Administration (OSHA) fines, workers’ compensation claims or the risk of legal liability for the employer,” Pryor said. “An accommodation that would violate an OSHA safety standard or state or local vaccine requirement would be an undue hardship. Similarly, an accommodation that would put the safety of the employee or others at risk would be an undue hardship.”

If a requested accommodation would violate other employees’ contractual seniority rights, then that accommodation will also pose an undue hardship for an employer’s operations, said Randi Winter, an attorney with Spencer Fane in Minneapolis. Having some colleagues disgruntled about needing to fill in for an employee with a religious accommodation would not be considered a significant cost to the employer, she said.

“It will take decades for case law to develop such that we truly understand what employers must do when an employee requests an accommodation because a job duty conflicts with a sincerely held religious belief. For most employers, this dictates taking a conservative approach to avoid getting involved in litigation that clarifies what the law is,” said Joseph Beachboard, an attorney with Beachboard Consulting Group in Los Angeles.

In recent years, religious accommodation requests have been “on the rise,” said Elaine Turner, an attorney with Hall Estill in Oklahoma City. She urged employers to “revise existing policies and practices which were drafted and implemented under the now-defunct ‘more than de minimis’ standard. Failure to do so could also result in a further drain on company revenues due to litigation costs.”

The Groff case “is part of a trend of the current Supreme Court giving greater weight to religious freedom concerns,” Christopher Durham said.

That trend includes several rulings in recent years, notably one favoring a high school football coach in Washington state who was fired for praying at the 50-yard line after games and another supporting a Colorado baker who refused to make wedding cakes for same-sex couples.

Remember that not every person within the same religious denomination believes the same things and practices their faith the same way, said Steve Guttierez, an attorney with Holland & Hart in Denver.

source : .shrm

Read Previous

Labor market report in Israel for the year 2022

Read Next

Study: Navigating the Role of Generative AI in HR Analytics

Most Popular