Religious accommodations require favored treatment, not mere neutrality

The U.S. 5th Circuit Court of Appeals in New Orleans (which covers Louisiana, Mississippi, and Texas) recently issued a decision striking down a test it has used for many years to analyze the undue hardship of religious accommodation claims under Title VII of the Civil Rights Act of 1964. Title VII requires employers to make accommodations for persons with genuinely held religious beliefs to continue their employment unless such accommodations would result in an undue hardship to the employer. For decades, federal courts have held tightly to a “de minimis” (or minimum) test for employers to prove undue hardship. The 5th Circuit firmly dismembered this practice, heightening the standard employers must satisfy to deny employee requests for religious accommodations under Title VII.

Corrections officer alleges religious discrimination

Elimelech Shmi Hebrew was hired by the Texas Department of Criminal Justice (TDCJ) as a correctional officer in August 2019. He reported to the TDCJ training academy but was told he couldn’t stay unless he shaved his beard and cut his hair short to comply with TDCJ’s grooming policy. The grooming policy prohibited men from having beards unless it was for a medical skin condition. Male officers also were prohibited from having long hair (however, female officers were permitted to have long hair).