A recent decision issued by the U.S. Court of Appeals for the Eleventh Circuit underscores the principle that while an employer can consider an employee’s preferred accommodation, the employer is not required to grant it as long as the employer in good faith offers its own reasonable accommodation.
In Jean-Pierre v. Naples Community Hospital, Inc. , No 19-14286 (11th Cir. June 12, 2020), the appeals court affirmed that a religious accommodation requires both the employer and the employee to make a good faith attempt to remove the conflict. This is most effectively accomplished through engaging in the “interactive process,” and was the key factor here in the court’s conclusion that the plaintiff could not prevail by demanding his preferred accommodation. According to the court, an employee “has a duty to make a good faith attempt to accommodate his religious needs through the means offered by the employer.”
Members of the Center for Workplace Compliance (CWC) can read more here.