OFCCP Reminds Contractors of Accommodation Responsibilities for Religious Observances

Contractors should assume that an employee’s request for a religious accommodation is based on a sincerely held religious belief

To assist contractors prepare for Accommodations Focused Reviews, OFCCP wants to remind contractors of their obligation to grant accommodation requests from employees whose religious observances require that they abstain from work during certain times of the workday or workweek.

The responsibility for granting accommodation requests for religious observances is required unless it poses an undue hardship on the contractor’s business.     OFCCP suggests that contractors should assume that an employee’s request for an accommodation is based on a sincerely held religious belief and therefore, does not need to be accompanied by documentation.

OFCCP offers the following examples of reasonable accommodations based on religious:

• Allowing employees to wear religious head coverings or facial hear,
• Adjusting schedules to allow employees time off during religious holidays or Sabbaths, and
• Providing space and time for prayers.

We recommend that contractors maintain records of all discussions and decisions surrounding all employees’ requests for the religious accommodation.

Relevant previous OutSolve blogs:

• 9/14/2020 - OFCCP Publishes Promotions and Accommodations Focused Review Landing Pages
• 8/13/2020 – OFCCP Issues Two New Directives on Religious Freedom Protections and New Focused Reviews
• 7/29/2020 – Director of OFCCP, Craig Leen, Addresses Accommodation Focused Reviews