Workers in California often assume that because religious beliefs are private, they never have to explain anything about their religion when requesting a workplace accommodation. While it’s true that employers cannot demand intrusive details, many employees make the opposite mistake: they refuse to provide even the basic information needed for the employer to evaluate their request.
Under both Title VII of the Civil Rights Act and the California Fair Employment and Housing Act (FEHA), employees are protected from religious discrimination — but those protections only apply when the employee actually provides sufficient information for the employer to understand what accommodation is needed. Refusing to give essential information can legally justify the employer in denying that accommodation request.
Even though employers are generally not entitled to challenge, criticize, or judge your religion, they are entitled to confirm that the request for accommodation is religious in nature, what the conflict is between the belief and a job requirement, and evaluate various options for a reasonable accommodation. While you don’t have to share your life story or detailed theological explanations for your beliefs, you also can’t take the position of “my beliefs are private, and I don’t have to tell you anything” when you request an accommodation. In fact, this type of approach will almost guarantee a denial of that accommodation request, and legally – the employer will likely be justified in doing so.
There is no upside to refusing to disclose the basic information pertinent to the religion which forms the basis for accommodation request. If HR doesn’t know what belief or practice needs accommodation, they cannot determine if a reasonable accommodation exists. If the employee refuses to answer relevant, limited questions, the employer may argue that they were unable to engage in the interactive process. Further, California courts have held that an employee must cooperate in the interactive process. A refusal to provide any information at all about one’s religion can end the employer’s obligations right then and there.
To ensure the strongest legal protection in case your request for religious accommodation is unlawfully denied:
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Provide at least basic information about your belief
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Explain the workplace conflict
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State the accommodation you need or suggest a number of reasonable accommodations that can be possible and could be effective
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Decline intrusive or irrelevant questions
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Keep all communications in writing, so that the employer cannot argue that you failed to do your part, when in fact you did
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Document every step of the interactive process
This approach will give you the best chance at being accommodated, while preserving your privacy, and also avoiding mistakes that would prevent you from making a legal claim in the future if necessary.