Expert: Michael Troy - 4/27/2008

Question
What is the significance of "reasonable accommodation" and "undue hardship" as they relate to religion and disability in the employer - employee relationship?

Answer
Hello,

These rather vague terms are used by the courts to determine how far an employer must go to accommodate an employee's religious needs or disabilities.  An employer must try to accommodate these things but such an accommodation must be reasonable.  For example, in an employee needs to take of for the sabbath, and there are plenty of other employees willing to do the work, allowing that employee time off is reasonable.  On the other hand, if an employee refuses to do a critical part of his job because of religious demands, for example, let's say a doctor hired by an abortion clinic who refuses to do abortions, such an accommodation would not be reasonable.  An accommodation that requires "undue hardship" is not reasonable.  Of course there are large gray areas within these terms where courts can come to different conclusions.

I hope this helps!
- Mike