September 30, 2025
Did HR Drop the Ball on Religious Accommodation?
That might be the case, in this case. A new manager engages in a variety of actions that an employee considered anti-Semitic. Examples included:
- rescinding the employee’s previously approved days off for religious observance;
- telling the employee he “could become a rule Nazi” regarding the company policies;
- issuing corrective action for body odor in violation of the company’s dress code;
- pulling the employee aside on October 10, 2023, telling him to not get into any politics or debates regarding the October 7, 2023, Hamas attack on Israel;
- commenting when the employee told him of his faith, “that explains the beard;”
- and more.
The employee reported his concerns to the company’s People Business Partner (HRBP), the HRBP effectively held up his hands. The HRBP told the employee the company, “had no obligation to uphold his requests for days off for religious holidays and that whether he could have those days off was up to the discretion of the store manager.” As alleged, something less than a proactive response, I would say.
Over the next two months there were some more challenges, and the employee was fired less than 60 days after he complained to the HRBP. Stay tuned as this case is heard by the court.
Lessons learned? This case might have been avoided if the HRBP had intervened, engaged the employee to get more information, talked to the manager to determine what reasonable accommodation the company could provide, if any. Without that interactive dialogue, it may be difficult for the company to show there was any undue hardship in continuing to provide the employee with his requested days off and/or that the new manger did not engage in unlawful harassment, discrimination, or retaliation. Plus, putting the law aside, from an employee relations standpoint, why not engage the employee and manager to see what you can do, if anything, to accommodate the employee’s request? Letting employees know they are heard can go a long way to fostering positive employee relations.
