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Here at Miletti Law®, we are the authoritative force in Employment and Labor Law. Therefore, we are committed to updating our series on employment & labor law with fresh, verifiable, and credible content. In that spirit, this blog is Part XVIII of our series on New York State and City laws that apply to workplace harassment, discrimination, & retaliation. In Part XVII of this series, we provided you with an overview of the “Pregnancy-Related Protections” pursuant to the NYCHRL & NYSHRL. As we move the discussion forward in this blog and Part XVIII of the series, we are going to hammer on “Religious-Related Protections provided under both the NYCHRL & NYSHRL.”

Religious-Related Protections Provided under both the NYCHRL & NYSHRL

Employees and job applicants in New York are entitled to religious-related protections pursuant to the NYC Administrative Code 8-101 et seq. of the NYCHRL & N.Y. Exec. Law § 290 et seq. of the NYSHRL. For the purposes of record, the information regarding the religious-related protections discussed in this blog was current as of May 15, 2021.

Concerning Religious Discrimination

NYCHRL

Pursuant to the NYC Administrative Code 8-107, subd. 3, employers in New York are prohibited from discriminating against employees on the basis of religion. Under this code, it is unlawful for employers to impose, as a condition under which a person may retain or obtain employment, any conditions or terms upon an individual, given that such an individual would have to forego or violate a practice of their religion in compliance with the employer’s conditions and terms. On the contrary, employers are obligated to provide such an individual with a reasonable accommodation. Additionally, while an employer is supposed to consider the time a person takes to travel from home to the workplace, employers should not ask employees to remain at work during religious observance days.

NYSHRL

As provided for under the N.Y. Exec. Law § 296 of the NYSHRL, employers in New York are prohibited from discriminating against employees or job applicants on the basis of religion. However, no NY authority that provides a further definition of religion has been identified.

Employer Obligation to Reasonably Accommodate Religion

NYCHRL

The NYCHRL provides that any employer who fails or refuses to engage, within a reasonable time, in a cooperative dialogue with an employee who the employer has noticed may need a reasonable accommodation for their religion or who has requested such an accommodation for their religious practices, observances, and beliefs shall be liable for unlawful discriminatory practice after October 15, 2019.

As such, it is not until after the employer has attempted to take part in or the parties have engaged in cooperative dialogue that the determination that no reasonable accommodation exists can be made. Accordingly, following the end of the cooperative dialogue, as provided for under the NYC Administrative Code § 8-107 of the NYCHRL, an employer must provide the employee who needed or requested the accommodation with a written final determination in which any accommodation that is denied or granted by the employer is identified.

NYSHRL

The N.Y. Exec. Law § 296(10)(a) provides that, as long as no undue hardship would result from a given reasonable accommodation, employers in New York should accommodate religion, which comprises of religious practices, observances, and beliefs. Pursuant to the N.Y. Exec. Law § 296(10)(d)(1)(i)–(iii), a set of factors should be considered when determining whether an undue hardship would result from a given reasonable accommodation. These factors are:

  • The degree to which, for an employer with multiple facilities, an accommodation will become more expensive or difficult as a result of the facilities’ fiscal, administrative, or geographic distance relationship.
  • The accommodation’s cost to the employer.
  • The number of persons who require to be provided with the identified religious accommodation.

Last but not least, it is crucial for employers to note that as of October 8, 2019, permitting the wearing of any facial hair, clothing, or attire in accordance with an employee’s religion is also considered an accommodation to religion.

In Part XIX of this series, we shall switch gears and provide you with an overview of “Enforcement Mechanism & Agencies and Private Right of Action,” as recognized under the NYCHRL & NYSHRL and other relevant laws that apply to workplace harassment, discrimination, & retaliation in New York.

Until then, stay tuned for more legal guidance, training, and counsel. In the interim, reach us with questions or comments on our website at the Contact Us page!

Always rising above the bar,

Isaac T.,

Legal Writer & Author.