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It actually makes it an unlawful employment practice for an employer to fail to reasonably accommodate religious beliefs or practices, unless that would create an undue hardship on the business itself.

A lower federal appellate court here ruled that Abercrombie & Fitch wasn’t liable under Title VII when it failed to hire Samantha Elauf, who is Muslim and wears a head scarf, a hijab, because the appellate court said, an employer can only be liable if the employer receives direct notice from the job applicant or the employee that there is a need for a religious accommodation.

By Francesca Fontana French oil giant Total SA recently sent its 96,000 employees an unusual corporate missive: a comprehensive guide to religion at work. companies have gone as far as Total, but religious issues are cropping up more often in the workplace, resulting in lawsuits and complicated questions of faith on the job.

Intended as a practical tool for managers and employees, its 80-plus pages cover everything from the basic tenets of major world religions to whether bosses must provide halal food during company meals. At a time when many managers encourage employees to “bring their whole selves to work” and celebrate their individual identities, religious identity has proved tougher to navigate, managers and experts say. Religious discrimination complaints filed with the U. Equal Employment Opportunity Commission increased by 50% from 2006 to 2016.

Examples of some common religious accommodations include flexible scheduling, voluntary shift substitutions or swaps, job reassignments, and modifications to workplace policies or practices.

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This means an employer may be required to make reasonable adjustments to the work environment that will allow an employee to practice his or her religion.Otherwise, if you put the burden on the employee or job applicant, as the lower court here did, they’re reluctant to bring religion up in a job interview. MARCIA COYLE: An employer can remain silent, perhaps knowing there’s a religious issue, discriminate, and escape liability. MARCIA COYLE: It doesn’t draw religion into it right away. MARCIA COYLE: Well, it’s different because it falls under a particular statute that does make it illegal to fail to reasonably accommodate religious beliefs.GWEN IFILL: Even Justice Alito, who usually comes down in favor of business in these kinds of cases, was among the skeptical ones today. And he’s actually very concerned about religious discrimination in general, and he said — he really simplified this and said, look, why can’t an employer just say — for one of the hypotheticals, you have somebody wearing a beard in front of you, why can’t an employer just say during the interview, we have a work policy that excludes beards? But it gives — then the onus shifts to the job applicant to say if he or she does have a problem with it. But the court — I mean, the law is very clear, and the court, even under the First Amendment and religious freedom, is quite protective of those freedoms. Business is watching it closely, too, because it believes that if it loses here, it’s going to be forced into stereotyping people who apply for jobs in order to avoid liability. GWEN IFILL: For more on the two sides of the argument, we turn to Munia Jabbar, a civil rights attorney, formerly of the Council on American-Islamic Relations, and Rae Vann, who is an attorney with the Equal Employment Advisory Council.Employees aren’t required to read the document, which is available to those who are “curious,” said a company spokeswoman. companies often fail to address employee faith until problems arise, said Philadelphia-based employment attorney Jonathan Segal of Duane Morris LLP.The company created the guide to aid managers and employees who “may have questions or doubts on this topic, working with people who might not eat, dress or pray the same,” said the spokeswoman. Companies cannot ban religious expression outright, and U. Title VII requires employers to accommodate religious expression so long as it doesn’t cause undue hardship on the company or workforce.“Employees don’t shed their religious rights when they walk in the door,” Mr. “It’s a balance.” For instance, he said, a receptionist’s request to keep a Bible at the front desk may be treated differently than an employee’s request to keep one in an office, away from public view.MARCIA COYLE: No, Abercrombie & Fitch’s lawyer today said that the so-called look policy is a religion-neutral policy, and that she wasn’t hired just because her hijab would violate the look policy. And I would say that the Abercrombie & Fitch’s counsel really bore the brunt of the questioning. The government believes that the burden should be on the employer, because the employer here — to take the first step in a job interview, because the employer has superior knowledge, knows the work rules.