Employers in Maine have obligations to provide reasonable accommodation for the religious beliefs of employees when those beliefs are “sincerely held.” While employers are accustomed to requests involving worship schedules, religious dress, or observance of holy days, employees may seek accommodations based on religious beliefs in ways that are less obvious. Recent legal developments serve as a reminder that employers should approach these requests thoughtfully and avoid making assumptions about what does or does not qualify as a religious accommodation.
A changing legal landscape
Since the 2023 U.S. Supreme Court decision in Groff v. Dejoy (USPS employee sought accommodation to avoid Sunday delivery obligations), employers must generally grant a requested accommodation unless it creates a “substantial” burden or cost in the overall context of the business. The Court’s decision raised the bar for denying religious accommodations and underscores the importance of careful, individualized review.
Not every religious accommodation request looks the same
Recently, the nature of these requests has changed somewhat, encompassing requests that are more focused on political and ideological views than on what has traditionally been viewed as religious. Political and ideological views are not protected as religious beliefs, but challenges involving things like preferred names and pronouns, DEI policies and programs, vaccination requirements, and the use of AI in the workplace are stretching how “religion” has traditionally been understood.
Consider a recently filed lawsuit, Hartley v. Thermo Fisher Scientific Inc., in which an employee alleged that his employer violated his religious beliefs by rejecting his request for an accommodation in the form of a 401(k) plan option that does not invest in fossil fuels. The employee claimed that his religious beliefs require him to “care for and steward the earth” and that “actively investing in and profiting from fossil fuel companies whose work directly harms the earth and its inhabitants violates his religious obligations.” While the case remains pending and no court has yet ruled on the merits, it illustrates how employees may connect sincerely held religious beliefs to workplace benefits and practices in ways employers might not anticipate.
What could this look like in the construction industry?
In the construction industry, employers might encounter religious accommodation requests in a variety of contexts, including situations that do not initially appear to be religiously based. For example:
- An employee might refuse to work on a specific project due to religious beliefs related to environmental destruction or anti-war sentiment.
- A superintendent or foreman might refuse to participate in mandatory company harassment or DEI training.
- An employee might demand the right to display political material on company vehicles or helmets.
These examples do not necessarily mean the accommodation must be granted. Rather, they illustrate how religious beliefs can intersect with workplace policies and business operations in ways employers may not expect. The key point is that requests should not be dismissed simply because they fall outside the traditional categories of scheduling, dress, or observance.
What should employers do?
Employers may inquire whether a request is based on a sincerely held religious belief and should consider whether the requested accommodation would impose an undue hardship on the business, but they should exercise caution in response to requests. It is imperative to show that the request was considered individually, even if it is ultimately denied. Further, since these issues often arise at the supervisor level, supervisors should understand when to involve HR and how to respond appropriately when a request is raised.
Ultimately, the lesson from Groff and emerging cases such as Hartley is that religious accommodation requests may arise in unexpected ways, making a thoughtful, case-by-case analysis more important than ever.
Anne-Marie L. Storey is a leading Labor and Employment attorney with more than two decades of experience who advises Maine employers on all aspects of workplace law, including compliance, risk management, employee relations, investigations, and litigation. She can be reached at [email protected].
Bernstein Shur’s Labor & Employment Group helps businesses of all sizes build compliant, productive workplaces through practical, real-world solutions. The group provides full-spectrum support on issues ranging from hiring and discipline to investigations, union relations, and employment litigation.