Don't Be A Scrooge: Expert Tips For Employers to Accommodate Employees' Religious Beliefs this Holiday Season

December can be a minefield for religious discrimination claims. With Hanukkah approaching, and Santa flying into town soon, employers should be mindful of workplace policies that should be in place to reduce the risk of potential religious discrimination claims.

According to Jim Fessenden, partner at Fisher & Phillips in San Diego, religious-based harassment claims can be just as costly and detrimental to a company as sexual or racial harassment suits. They also tend to generate significant publicity. Both California and federal law states that employers must “reasonably accommodate” workers’ religious beliefs. While the numbers of religion-related claims filed with the federal EEOC are decreasing from an all-time high in 2011 of 4,157, the number filed in 2013 was still substantial at 3,721.

Fessenden says that employers should consider four things with religious holidays upon us:

- How can employers proactively reduce their risks of a discrimination lawsuit?

- How can employers be mindful of accommodating religious holidays, especially time off requests?

- Is it best to avoid all forms of holiday decorations in an effort to avoid offending an employee’s religion?

- What should they do when accommodating an employee’s beliefs interferes with the productivity of the workplace?

Additionally, he says for the most part, religious discrimination claims can be avoided by following four rules of thumb:

- When pressed for accommodation, be prepared to demonstrate efforts made to find an accommodation

- Train managers, particularly mid-level managers to know when they must get HR involved, or discuss an accommodation

- Ensure managers understand the duty to accommodate in all its various forms

- Always document the business reasons for any action taken

Some employers have been so concerned about political correctness that they’ve avoided hanging Christmas decorations or worried that a “Secret Santa” gift exchange might lead to a lawsuit. The EEOC, however, notes that most Christmas decorations do not need to be avoided simply because someone objects to them on religious grounds. Employers should feel comfortable breaking out the tinsel and garland this holiday season.