What are the California rules regarding religious accommodation, and how do they differ from federal law?

California's Fair Employment and Housing Act (FEHA) defines religion as all traditionally recognized religions and beliefs, observations or practices that are sincerely held and that occupy in the employee's life a place of importance parallel to that of traditionally recognized religions. In addition, case law has clarified that this duty extends beyond accommodating only required religious tenets and may include observances an employee simply prefers to follow or attend and that an employer should generally avoid inquiry into whether a religious observance is required.

Under the California Workplace Religious Freedom Act of 2012 (WRFA), religious creed, religion, religious observance, religious belief and creed have been defined to include all aspects of religious belief, observance and practice, including religious dress and grooming practices. "Religious dress practice" includes wearing or carrying religious clothing, head or face coverings, jewelry, artifacts and any other item that is part of a religious observance. "Religious grooming practice" includes all forms of head, facial and body hair that are part of a religious creed (C.G.C. §12926(q)).  

The law affirmatively requires employers to accommodate religious beliefs and observances if reasonably possible without undue hardship. The undue hardship definition that applies to other types of discrimination under FEHA also applies to religious discrimination. The law further specifies that an accommodation is not considered reasonable if such accommodation results in the segregation of the individual from other employees or the public. 

The relevant question when an employee makes a request for an accommodation to permit a religious observance is whether the employer can reasonably grant the request without undue hardship. Thus, reasonable accommodation, in the religious discrimination context, means job modifications that enable an individual to exercise personal religious beliefs, including (without limitation) scheduling changes to permit religious observances, permitting certain dress and grooming practices, and permitting employees to pray at work in some circumstances (e.g., during break time in a private area or, as in some faiths, at regular intervals throughout the day). Religious accommodations that impose an undue hardship on an organization can be unreasonable and may not be required.

Employers can meet the undue hardship standard in federal Title VII religious discrimination cases by showing the accommodation would result in a burden that is substantial in the overall context of an employer's business; the WRFA requires the employer to demonstrate significant difficulty or expense. Under the WRFA, undue hardship means an action requiring significant difficulty or expense when considered in light of the following factors:

(1)  The nature and cost of the accommodation needed.

(2)  The overall financial resources of the facilities involved in the provision of the reasonable accommodations, the number of persons employed at the facility, and the effect on expenses and resources or the impact otherwise of these accommodations upon the operation of the facility.

(3)  The overall financial resources of the covered entity, the overall size of the business of a covered entity with respect to the number of employees, and the number, type, and location of its facilities.

(4)  The type of operations, including the composition, structure and functions of the workforce of the entity.

(5)  The geographic separateness, administrative or fiscal relationship of the facility or facilities.