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As the month of December is underway, employees across diverse faith traditions have an excellent opportunity to engage in meaningful dialogue with their employers about religious observances. Open communication about workplace holidays and time off requests creates an environment where both employees and employers can work together to honor religious practices while maintaining business operations. Understanding the legal framework around these conversations empowers you to approach your employer with confidence and clarity, fostering a workplace culture that respects religious diversity.
Observed Holidays Across December
Christmas Day, observed on December 25th, is the only federal holiday in December in the United States and New York State. While federal employees receive paid time off for this day, private employers are not legally required to provide this as paid time off unless specified in company policy or union contracts. Christmas remains the sole religious holiday recognized as a federal holiday in the United States.
Many employees ask, “Can I take time off for my religious beliefs?” or “Is it discrimination to make me work on the religious holidays I observe?” The answer lies in Title VII of the Civil Rights Act of 1964, which protects employees from religious discrimination in the workplace.
Under Title VII, employers must provide reasonable accommodation for employees whose sincerely held religious beliefs conflict with work requirements. This protection can extend to all religious traditions, not just Christianity at Christmas. Whether you celebrate Hanukkah, Kwanzaa, the Winter Solstice, or other observed holidays during December, your employer has an obligation to consider your requested accommodation.
What Constitutes Reasonable Accommodation?
According to the EEOC, reasonable religious accommodations can include flexible scheduling, voluntary shift swaps, or the use of paid time off for religious observance. Employees may request schedule modifications to observe religious holy days, even if those days are not recognized as federal holidays.
The accommodation process does not require formal written requests or specific language. Once your employer knows you need time off for religious reasons, they must engage in an interactive process to actively find a solution. This applies whether you are seeking time off during December or any other time of year really.
Understanding Undue Hardship
Employers can deny a requested accommodation only if it creates an undue hardship. This standard received significant clarification in the Supreme Court’s landmark decision in Groff v. DeJoy. For decades, courts applied a “more than de minimis cost” standard to Title VII religious accommodation cases, which set an extremely low threshold for employers to deny requests. The Groff decision elevated this standard considerably, holding that religious accommodations must impose substantial increased costs on an employer to constitute undue hardship. This means employers must now demonstrate that the burden is substantial in the overall context of their business, considering factors such as the nature, size, and operating costs of the company.
Simple coworker objections or customer preferences do not constitute undue hardship. Your employer must demonstrate a genuine operational burden to deny your request for religious accommodation.
Taking Action
Religion in the workplace protections extend beyond time off. Title VII also prohibits workplace harassment based on religious beliefs and protects employees from retaliation for requesting accommodations. If you face discrimination or harassment for observing your religious practices, you may have grounds for a complaint with the EEOC or an employment lawyer.
If your employer denies your request for time off during December holidays or any religious observance, consider consulting with New York employment lawyers who specialize in religious discrimination. Document your accommodation request and your employer’s response. Understanding your rights under federal law empowers you to advocate for the religious freedom you deserve in your workplace.
Remember that religious accommodation is not a favor but a legal requirement. Whether you are seeking time off for Hanukkah, Kwanzaa, or another December observance, your sincerely held beliefs deserve protection under the law.
Call a New York Employment Law Attorney Now
We at Filippatos PLLC stand in proud solidarity with any and all workers facing discrimination in the workplace, including the LGBTQIA+ community and diverse communities. We believe that all people deserve the right to exist freely, no matter who they love, how they express their gender, practice their religion, or celebrate their heritage. If you are experiencing discrimination at work, please give us a call at 888-9-JOBLAW for a free consultation. We will do our utmost to help secure you the justice you deserve.