General Principles of Accommodation

Abstract

This chapter examines the general principles that underlie an employer's duty to reasonably accommodate the religious beliefs and practices of its employees. Title VII originally did not provide for accommodation, but in the Equal Employment Opportunity Commission's (EEOC) first promulgated guidelines, employers were required to accommodate the “reasonable religious needs” of their employees “where such accommodation can be made without serious inconvenience to the conduct of [their] business.” The EEOC later revised its guidelines to provide that accommodation is required whenever it “can be made without undue hardship on the conduct of the employer's business.” In 1972, Congress added a provision for accommodation to Title VII itself that reflected the EEOC guidelines. This chapter considers how “reasonable accommodation” and “undue hardship” were addressed by the Supreme Court in the 1977 case of Trans World Airlines, Inc. (TWA) v. Hardison. It also discusses the the EEOC's revised guidelines concerning reasonable accommodation, undue hardship, and de minimis cost.