Do Employers Need to Make Reasonable Accommodations Based on Religion?

Religious Discrimination & Reasonable Accommodation

The law requires an employer or other covered entity to reasonably accommodate an employee’s religious beliefs or practices, unless doing so would cause more than a minimal burden on the operations of the employer's business. This means an employer may be required to make reasonable adjustments to the work environment that will allow an employee to practice his or her religion.  Examples of some common religious accommodations include flexible scheduling, voluntary shift substitutions or swaps, job reassignments, and modifications to workplace policies or practices.

Religious Accommodation/Dress and Grooming Policies
Unless it would be an undue hardship on the employer's operation of its business, an employer must reasonably accommodate an employee's religious beliefs or practices. This applies not only to schedule changes or leave for religious observances, but also to such things as dress or grooming practices that an employee has for religious reasons. These might include, for example, wearing particular head coverings or other religious dress (such as a Jewish yarmulke or a Muslim headscarf), or wearing certain hairstyles or facial hair (such as Rastafarian dreadlocks or Sikh uncut hair and beard). It also includes an employee's observance of a religious prohibition against wearing certain garments (such as pants or miniskirts).

When an employee or applicant needs a dress or grooming accommodation for religious reasons, he should notify the employer that he needs such an accommodation for religious reasons. If the employer reasonably needs more information, the employer and the employee should engage in an interactive process to discuss the request. If it would not pose an undue hardship, the employer must grant the accommodation.

Religious Discrimination & Reasonable Accommodation and Undue Hardship
An employer does not have to accommodate an employee’s religious beliefs or practices if doing so would cause undue hardship to the employer. An accommodation may cause undue hardship if it is costly, compromises workplace safety, decreases workplace efficiency, infringes on the rights of other employees, or requires other employees to do more than their share of potentially hazardous or burdensome work.

Religious Discrimination And Employment Policies/Practices
An employee cannot be forced to participate (or not participate) in a religious activity as a condition of employment.

 
Information courtesy of the U.S. Equal Employment Opportunity Commission

Can Employers Require Medical Exams?

Courtesy Successful Interviewing Guide by Iowa Workforce Development

Medical Examinations
Under the Americans with Disabilities Act (ADA) it is unlawful for the employer to require an applicant to take a medical examination before making a job offer. After a job offer is made and prior to the commencement of employment duties, an applicant may be required to take a medical examination if everyone who will be working in the job category must also take the examination. The job offer may be made conditional on the results of the medical examination. However, if an individual is not hired because a medical examination reveals the existence of a disability, the employer must be able to show that the reasons for exclusion are job-related and necessary for the conduct of business. Also, the employer must be able to show that there was no reasonable accommodation that would have made it possible for the individual to perform the essential job functions.

While a person is employed, an employer cannot require that an employee undergo a medication examination or inquiry unless it is job-related and consistent with business necessity. The employer's evidence of job-related problems should be objective. When an employee is injured on or off the job, becomes ill, or otherwise disabled, a medical examination may be necessary to determine if the person can continue to perform the essential functions of the job, with or without a reasonable accommodation. The examination may also be necessary to determine the need for or extent of reasonable accommodation.

Employers may conduct periodic examinations and other medical screening and monitoring required by federal, state, or local laws. Employers may also conduct voluntary medication examinations and screening as part of an employee health and wellness program.

Information obtained from an employee medical examination or inquiry may not be used to discriminate against the employee. All information obtained from employee medical examinations and inquiries must be maintained in secured files separate from personnel files, and must be used in accordance with ADA confidentiality requirements.

What Types of Reasonable Accommodations Need to Be Made During the Hiring Process

From Successful Interviewing Guide by Iowa Workforce Development

Reasonable and Necessary Accommodations During the Hiring Process
The Americans with Disabilities Act (ADA) requires that reasonable accommodations be made for applicants with disabilities during every step of the hiring process. The ADA requires that people whose disabilities impair sensory, speaking or manual skills be given tests in a format that does not require use of the impaired skills, unless the test is designed to measure that skill. Some examples of accommodation include:

• Substituting a written test for an oral test (or written instructions for oral instructions) for people with disabilities that impair speaking or hearing
• Giving a test in large print, in Braille, by a reader, or on a computer for people with visual or other reading disabilities
• Providing the services of a sign language interpreter during the interview or testing procedures for applicants with impaired hearing

State Government Agencies of Interest

• Iowa Civil Rights Commission: http://www.state.ia.us/government/crc
• Iowa Department of the Blind: http://www.blind.state.ia.us/
• Iowa Department of Human Rights (Deaf Services and Persons with Disabilities: http://www.humanrights.iowa.gov/
• Iowa Department of Human Services: http://www.dhs.iowa.gov/
• Iowa Department of Public Health: http://www.idph.state.ia.us/ 
• Iowa Development Disabilities Council: http://idaction.com/
• Iowa Vocational Rehabilitation Services: http://www.ivrs.iowa.gov/ 
• Iowa Workforce Development: http://www.iowaworkforce.org/ 

What Questions Can Employers Ask Applicants with Disabilities?

Valid Types of Questions During the Interview Process

• Whether an applicant can perform the duties of the job, with or without accommodation
• If the applicant has the necessary ability and experience related to the specific duties and essential functions of the job
• If the applicant has the necessary licenses, diplomas, training certificates, or other required qualifications
• Ask the applicant to describe or demonstrate how he/she/zhe will perform the specific functions, if this is required of everyone, regardless of disability
• If the applicant can meet the requirements of the employer's work hours, overtime work, travel, and attendance policies
• Ask a previous employer about job functions and tasks performed by the applicant, the quality and quantity of the work performed, the applicant's attendance record, and other job-related questions that are not likely to disclose disability

Unlawful Types of Questions to Ask Applicants

• Do you have a disability or major illness?
• What is the nature or severity of your disability or any conditions/diseases for which you have been treated?
• Have you ever been hospitalize4d?
• Have you ever been treated for a mental illness?
• Questions about an applicant's past record of a disability, the applicant's record of drug/alcohol addiction or the nature of related treatment
• Have you ever filed a worker's compensation claim or suffered a disabling injury in a previous job?
• Will you need time off for medical treatments or for other reasons associated with your disability?

What Types of Reasonable Accommodations in Terms of Parking are Available for People with Disabilities?

State and Federal Fair Housing Laws Dealing with Parking for People with Disabilities
When a resident with a disability that limits or restricts his or her mobility complaints to his or her property manager about the lack of suitable parking or requests suitable spaces, the resident is requesting a reasonable accommodation. Under State and Federal Fair Housing laws, the property manager is obligated to make the accommodation to their policies or services:

• By designating additional spaces beyond the minimum required by State parking law, if reasonable and necessary to afford the resident an equal opportunity to use and enjoy his or her dwelling unit.
• By assisting with the enforcement of the designated parking spaces in order that the residents with disabilities have use of those spaces.
• Making other modifications to its (parking) policies and procedures if reasonable and necessary to afford the resident an equal opportunity to use and enjoy his or her dwelling unit.

To ensure that a housing complex is meeting both the requirements of the law and the needs of its residents, the property manager can request information about parking needs, including the need for a 'persons with disabilities' parking space at the time that the lease is entered. In this manner, the property manager will have current, accurate information with which to designate spaces for its residents and guests. In the interim, property managers may choose to use a survey in which they ask each resident to report the number of persons in their household, as well as the number of their visitors, who require designated parking as the basis for setting the number needed.

Remember, the State law that mandates parking for persons with disabilities sets a minimum number, not a maximum number.

What Areas of Pregnancy Discrimination Do the Iowa Civil Rights Act and Title VII Address?

Hiring and Termination
An employer cannot terminate or refuse to hire a woman because of her pregnancy-related condition as long as she is able to perform the major functions of her job, with or without accommodation. An employer cannot terminate or refuse to hire her because of the employer's prejudices against pregnant workers or the prejudices of co-workers, clients, or customers.

Pregnancy and Maternity Leave
An employer may not single out pregnancy-related conditions for special procedures to determine an employee's ability to work. However, an employer may use any procedure used to screen other employees' ability to work. For example, if an employer requires its employees to submit a doctor's statement concerning their inability to work before granting leave or paying sick benefits, the employer may require employees affected by pregnancy-related conditions to submit such statements.

If an employees is temporarily unable to perform her job due to pregnancy, the employer must treat her the same as any other temporarily disabled employee; for example, by providing modified tasks, alternative assignments, disability leave, or leave without pay.

Pregnant workers must be permitted to work as long as they are able to perform their jobs. If an employees has been absent from work as a result of a pregnancy-related condition and recovers, her employer may not require her to remain on leave until the baby's birth. An employer may not have a rule which prohibits an employee from returning to work for a predetermined length of time after childbirth. Employers must hold open a job for pregnancy-related absence the same length of time jobs are held open for employees on sick or disability leave, but must allow up to eight weeks of medically indicated leave. Beyond that, employers should try to return the person to the same or similar job within the same pay range.

Health Insurance
Any health insurance provided by an employer must cover expenses for pregnancy-related conditions on the same basis as costs for other medical conditions. Pregnancy-related expenses should be reimbursed exactly as those incurred for other medical conditions, whether payment is on a fixed basis or a percentage of reasonable and customary charge basis.

The amounts payable by the insurance provider can be limited only to the same extent as costs for other conditions. No additional, increased or larger deductible can be imposed.

If a health insurance plan excludes benefit payments for pre-existing conditions when the insured coverage becomes effective, benefits can be denied for medical costs arising from an existing pregnancy. Employers must provide the same level of health benefits for spouses of male employees as they do for spouses of female employees.

Fringe Benefits
Pregnancy-related benefits cannot be limited to married employees. In an all-female workforce or job classification, benefits must be provided for pregnancy-related conditions if benefits are provided for other medical conditions. If an employer provides any benefits to workers on leave, the employer must provide the same benefits for those on leave for pregnancy-related conditions. Employees with pregnancy-related disabilities must be treated the same as other temporarily disabled employees for accrual and crediting of seniority, vacation calculation, pay increases, and temporary disability benefits.

What Laws Cover Discrimination in Iowa Involving Pregnancy?

Chapter 216 of the Iowa Code (Iowa's Civil Rights Act)
The Iowa Civil Rights Act of 1965 prohibits discrimination in employment due to pregnancy. Chapter 216 is enforced by the Iowa Civil Rights Commission and applies to employers with 4 or more employees. Pregnancy is regarded as a temporary disability. Pregnancy must not be treated more harshly than other temporary disabilities under an employer's polices. Pregnancy, however, may be treated more favorably. If a reasonable accommodation is necessary to allow the pregnancy employee to perform the major functions of her position, the employer must attempt to do so. when leave is not available, an employer shall not refuse to grant a pregnant employees an unpaid leave of absence for up to 8 weeks, as required by doctor's orders. The employer may require that there be a medical certification for such leave.

The Pregnancy Discrimination Act
The Pregnancy Discrimination Act is an amendment to Title VII of The Civil Rights Act of 1964. It is enforced by the Equal Employment Opportunity Commission (EEOC), and applies to employers with 15 or more employees. Discrimination on the basis of pregnancy, childbirth or related medical conditions constitutes unlawful sex discrimination under Title VII. Women affected by pregnancy or related conditions must be treated in the same manner as other applicants or employees with similar abilities or limitations.

Family and Medical Leave Act of 1993
The Family and Medical Leave Act of 1993 (FMLA) requires employers with 50 or more employees within a 75-mile radius to provide eligible employees with unpaid family and medical leaves of absence of up to 12 weeks during a 12-month period. The FMLA is enforced by the U.S. Department of Labor.

Fair Housing Laws

What Laws Protect You From Housing Discrimination?

Local: Many cities have local civil/human rights agencies prohibiting housing discrimination. Contact your local city hall for information.

State: The "Iowa Civil Rights Act" (Iowa Code 216) prohibits housing discrimination based on race, color, sex, sexual orientation, gender identity, religion, national origin, mental disability, physical disability, and familial status (presence of children in the home).

Federal: The Federal Civil Rights Act of 1866 prohibits discrimination in housing because of race or color. The Civil Rights Act of 1968, Title VII, and the Fair Housing Amendments Act of 1989 prohibit discrimination in housing because of race, color, sex, religion, national origin, disability, and familial status.

Familial status, or presence of children in the home, protects families with children under 18 years of age. Also protected are families seeking custody of a child or expecting the birth of a child. There is only a narrow exception to this part of the law: units designated as "housing for older persons."

Property owners are required by law to allow reasonable modifications to a property (at the tenant's expense) and to make reasonable accommodations in policies in order to accommodate the needs of persons with disabilities.