Ruling by Tenth Circuit Provides Guidance on Employer’s Obligation To Reasonably Accommodate Religious Beliefs Under Title VII

A recent ruling by the U.S. Court of Appeals for the Tenth Circuit provides judicial guidance on the extent of an employer’s duty to provide a religious accommodation under Title VII of the 1964 Civil Rights Act.

In reversing a trial court ruling granting summary judgment to the employer, the appeals court used the opportunity to reject a number of overreaching arguments made by the plaintiff and the Equal Employment Opportunity Commission (EEOC), as amicus curiae.

Contrary to the EEOC’s arguments, the Tenth Circuit in Tabura v. Kellogg USA, No. 16-4135 (10th Cir. Jan. 17, 2018) found that an employer does not need to completely eliminate scheduling conflicts to satisfy its religious accommodation obligations, and also clarified that a reasonable accommodation can be accomplished  by a neutral policy (e.g., shift-swapping) that is available to all employees.

A copy of the Tenth Circuit’s decision in Tabura is available here.

Members of the Center for Workplace Compliance (CWC) can read more here.