## Religious accommodation in employment in West Virginia Title VII + West Virginia state law require employers to accommodate sincere religious beliefs unless accommodation creates substantial cost or burden. The Supreme Court's June 2023 ruling in **Groff v. DeJoy** dramatically raised the standard for employers to deny accommodation. ## Federal protections — Title VII **Coverage:** - Employers with 15+ employees - Employment agencies - Labor unions - Federal employees **Protected:** - Religious beliefs (any sincere religious belief) - Religious observances + practices - Includes traditional religions - Includes lesser-known religions - Sometimes includes "strongly held" non-religious beliefs ## What requires accommodation **Common religious accommodations:** **Schedule:** - Sabbath observance (no work on holy day) - Religious holidays (off requested days) - Daily prayer breaks - Time for religious observance **Dress / appearance:** - Religious attire (hijab, yarmulke, turban, etc.) - Beards / facial hair - Hair covering / length - Religious jewelry / symbols **Conduct:** - Refusing to participate in certain tasks - Religious objection to handling certain products - Refusing to violate religious tenets - Religious dietary restrictions **Religious leave:** - Religious holidays - Pilgrimage time - Mourning observances - Religious retreats **Other accommodations:** - Modified job duties - Job swap with willing coworker - Voluntary substitutes - Workplace religious expression ## Sincere religious belief **Required:** - Sincerely held - Religious in nature - Belief specific to practice/conduct **NOT required:** - Doctrinally orthodox - Recognized religion - Logically consistent - Same as religion's mainstream view - Approved by religious organization - Long-held belief (recent conversions covered) **Employer can question sincerity:** - Inconsistent observance - Selective application - Recent / convenient adoption - Limited basis to challenge ## Groff v. DeJoy (2023) — the new standard **Old "de minimis" standard (Hardison, 1977):** - Employer denied if accommodation imposed "more than de minimis cost" - Easy bar for employers to meet - Most accommodations could be denied **New "substantial increased costs" standard (Groff, 2023):** - Must show "substantial increased costs in relation to the conduct of its particular business" - Much higher bar - Considers facts + circumstances of business - More accommodations now required **Practical effect:** - Many employer denials now actionable - Co-worker preferences often insufficient - Mere inconvenience insufficient - Specific cost analysis required ## What's NOT undue hardship **Per Groff + EEOC:** - Co-worker animosity (without more) - Mere customer preferences - Hypothetical disruption - Speculative concerns - Other employees' grumbling - Voluntary substitution available - Slight scheduling adjustments ## What IS undue hardship **Generally still:** - Direct threats to safety - Inability to perform essential functions - Substantial increased costs (well-documented) - Significant impact on co-workers - Substantial business disruption - Violations of valid CBA - Mandatory regulatory requirements ## Common scenarios **Sabbath / Sunday work:** - Major issue post-Groff - Many cases now allow accommodation - Voluntary swaps with coworkers preferred **Religious dress / appearance:** - Generally must accommodate - Safety / hygiene exceptions narrow - Customer preference NOT enough **Refusing to participate:** - Healthcare workers + abortion / euthanasia / contraception - Pharmacy workers + certain medications - Religious workers + same-sex marriage services - Generally must accommodate if reasonable **Religious expression:** - Religious symbols at desk - Religious materials in personal areas - Discussing religion with willing coworkers - Generally protected ## Process **1. Notify employer of need:** - Inform of religious practice - Inform of conflict with work - Request specific accommodation - IN WRITING preferred **2. Interactive process:** - Employer should engage - Discuss possibilities - Document discussions - Reach reasonable solution **3. Implementation:** - Try accommodation - Adjust as needed - Monitor effectiveness **4. If denied — internal appeal:** - HR / management review - Document specific reasons for denial - Sometimes gets reversed **5. If still denied — EEOC charge:** - 180/300-day deadline - ${s.name} state agency parallel - Right-to-sue letter **6. Lawsuit:** - 90 days from right-to-sue - Federal court - Plus state court (state law) ## Damages **Title VII:** - Lost wages (back pay + front pay) - Reinstatement - Compensatory damages - Punitive damages (capped: $50K-$300K based on size) - Attorney's fees + costs **State law:** - Often higher caps / no caps - Sometimes treble damages - ${s.name} may have specific provisions ## Special situations **Religious organizations:** - "Ministerial exception" — employees who minister - Religious-organization exemption - Limited religious-discrimination claims by ministers - Doesn't apply to non-ministerial roles **Employers with religious mission:** - Can prefer co-religionist hiring (limited) - BFOQ (bona fide occupational qualification) - Carefully limited exceptions **Government employers:** - First Amendment plus Title VII - Higher protections - ${s.name} constitutional + federal protections **Vaccine mandates (post-COVID):** - Religious exemption requests significant - Sincerity challenges common - Alternative accommodations often required ## State law often broader **${s.name} may have:** - Lower employer-size threshold - Stronger interactive process - Higher / no damage caps - More remedies - Specific protected categories - ${s.name}-specific religious exemptions ## Common employer mistakes - Refusing to engage in interactive process - Citing co-worker dislike alone - Demanding specific religious documentation - Treating accommodations inconsistently - Imposing on accommodation requesters - Retaliating after request - Documenting religion-related decisions in writing ## Common employee mistakes - Failing to communicate needs in writing - Not engaging in interactive process - Quitting before accommodation considered - Failing to suggest reasonable alternatives - Demanding specific accommodations only - Not documenting interactions - Missing EEOC deadline ## What you should do If you face religious accommodation issues at work in West Virginia: communicate request in writing, engage in interactive process, document everything, and file EEOC charge within 180-300 days if denied. Many West Virginia employment attorneys handle these cases on contingency. Post-Groff, many denials are now actionable that weren't before. --- *This guide is general information about federal + West Virginia law as of mid-2026 and is not legal advice. Religious accommodation cases are fact-specific. Talk to a licensed West Virginia employment attorney about your specific situation.*