Your employee wears a head-covering. The employee’s head-covering is part of her religious practice.
You’re not one to interfere with an employee’s religious expressions, but you’re concerned that this head-covering creates a safety risk for both the employee and others. And maybe you run a prison and the head-covering could be used to smuggle in contraband.
After jump, I have some practice tips for you.
Oh, wait, you do run a prison? Breathe easy, my friend. according to the EEOC:
1. Employers must accommodate an employee’s sincerely held religious belief in engaging in religious expression in the workplace.
2. However, an employer never has to accommodate expression of a religious belief in the workplace where doing so would pose an undue hardship to the employer.
3. Similarly, if the accommodation would result in harassment to a co-worker, the employer does not have to make the accommodation.
And, of course, the Third Circuit reminds us that if the religious accommodation could get someone killed, the employer can take a pass on that one.