Finding common ground on religious accommodations and gender identity protections

We all know Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against employees based on race, sex, or religion, among other protected categories. Balancing employees’ rights in the workplace can be complex, especially when it involves intersecting rights under Title VII.

In recent years, courts have interpreted “sex” to include protections for employees based on gender identity, which often includes the use of preferred pronouns. Title VII also protects employees’ religious beliefs, which may lead to requests for religious accommodation, including, in some cases, not using preferred pronouns that conflict with sincerely held religious beliefs. How can employers navigate these sensitive issues in the workplace when confronted with “conflicting” rights?

Understanding religious accommodation

Under Title VII, employers are required to reasonably accommodate an employee’s sincerely held religious beliefs unless doing so would impose an “undue hardship.” An accommodation is a change in an employer’s policies or practices to allow an employee to engage in a religious practice.