Sincere religious belief that conflicts with employer’s policy will require analysis of the employer’s ability to reasonably accommodate the faith-based request.

The EEOC initiated the lawsuit under Title VII after the defendant failed to accommodate a prospective employee’s religious belief with regard to maintaining his beard, which was at odds with the employer’s “no facial hair” policy. In denying the employer’s motion for summary judgment, the judge held that to sustain a claim for religious discrimination, the plaintiff must only establish that he has a sincere religious belief that conflicts with a job requirement, that he notified the employer of the conflict and that an adverse employment action arose from the conflicting requirement. The employer must establish that no reasonable accommodation existed to accommodate the employee’s religious belief.

Case Law Alerts, 4th Quarter 2013