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Legal Rights as a Public-School Employee
How Do I Request a Religious Accommodation?
Case Precedent:
49. Note: This guide is directed toward religious employees at public schools. This guide does not apply to employees at religious schools. Religious schools have a right to create a community that shares a set of religious beliefs and thus can make employment decisions on the basis of religion. See 42 U.S.C. § 2000e-1(a); Little v. Wuerl, 929 F.2d 944, 951 (3d Cir. 1991); Our Lady of Guadalupe Sch. v. Morrissey-Berru, 140 S. Ct. 2049 (2020); Hosanna-Tabor Evangelical Lutheran Church Sch. v. EEOC, 132 S. Ct. 694 (2012). For additional information, see First Liberty’s Protection Kits for Religious Schools. 50. See 42 U.S.C. § 2000e-2(a)(1); Harris v. Forklift Sys., Inc., 510 U.S. 17, 21 (1993); Johnson v. Spencer Press of Maine, Inc., 364 F.3d 368, 376–77 (1st Cir. 2004).
When requesting an accommodation, keep the following points in mind: 1. An employer is not likely to grant a religious accommodation request if they do not know that you need one. 2. Make your religious accommodation requests in writing, such as an emailed request, and retain a copy. 3. Clearly and concisely explain your religious beliefs and the accommodation that you are seeking. 4. Work with your employer to try to come up with a win-win solution.
51. 42 U.S.C. § 2000e(j); EEOC Guidelines on Discrimination Because of Religion, 29 C.F.R. § 1605.2(b).
5. Be polite and respectful at all times.
52. Trans World Airlines v. Hardison , 432 U.S. 63 (1977). Buonanno v. AT&T Broadband, LLC, 313 F. Supp. 2d 1069, 1081 (D. Colo. 2004) (noting the alleged hardship cannot be merely speculative). 53. See, e.g., E.E.O.C. v. Abercrombie & Fitch Stores, Inc., 575 U.S. 768 (2015) (headscarf); Fraternal Order of Police Newark Lodge No. 12 v. Cty of Newark, 170 F.3d 359 (3d Cir. 1999) (beards).
Increasingly, school districts are putting in place policies with respect to issues of gender and sexuality that conflict with some religious employees’ beliefs on these issues. Religious teachers may wonder what their rights are in these circumstances. For more information on these issues, please see First Liberty’s Religious Liberty Kit for Employees.
54. 42 U.S.C. § 2000e(j).
55. See Wangsness v. Watertown Sch. Dist. No. 14-4 of Codington Cty., S. D., 541 F. Supp. 332, 337 (D.S.D. 1982).
Conclusion
We hope this guide will be a helpful resource for you. If you have any questions, please seek legal assistance. First Liberty attorneys are standing by at Firstliberty.org to help protect your rights to religious liberty at public schools.
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