August 05, 2025
7th Circuit Addresses Employers’ Duty to Provide Religious Accommodation
A Christian teacher asked his employer for a religious accommodation to call his students by their last name rather than their transgender name. The school granted that request for one year. After the school received complaints from “a handful” of students, teachers, and one parent, the school revoked the accommodation. The teacher was instructed to call his students by their preferred name or be fired. The teacher resigned and sued.
The 7th Circuit Court of Appeals (covering IL, IN, WI) explained, “A religious-accommodation claim requires the employer to prove more than just a lack of intentional discrimination. ‘[G]ood faith is not by itself a cure for a’ failure to accommodate a religious practice. A religious-accommodation claim is the only one under Title VII requiring employers to prove an undue hardship stemming from the accommodation.”
But what constitutes an undue hardship? In 2023, the U.S. Supreme Court ruled that it is more than a “de minimis” burden. Employers must demonstrate “a burden [that] is substantial in the overall context of” its business. The EEOC’s compliance manual states that “[u]ndue hardship requires more than proof that some coworkers complained or are offended by an unpopular religious belief…Rather, coworkers must show that the accommodation would actually infringe on the rights of coworkers or cause disruption of work…Coworkers can demonstrate this by asserting the accommodation ‘infring[es] on coworkers’ abilities to perform their duties’ or subjects them “to a hostile work environment.’”
In this case, the lower court granted the school’s request for summary judgment and dismissed the case. The 7th Circuit reversed and remanded the case for reconsideration.
Lessons Learned? Just because we can do a thing may not mean we should do it. Just because we may be able to decline to accommodate an employee’s request for religious consideration does not necessarily mean we should. You may do more than what the law requires. Whether it is a request for accommodation of pregnancy, disability, or religious observance, if you can provide it without adversely impacting your business operations, why not do so? Bounce those ideas off your company’s employment counsel to determine what you can do v. what you must do.
