U.S. flag
        An official website of the United States government
          Here’s how you know
        Here’s how you know**Official websites use .gov**
              
                A **.gov** website belongs to an official government organization in the United States.
        **Secure .gov websites use HTTPS**
              
                A **lock** (
              A locked padlock
              ) or **https://** means you’ve safely connected to the .gov website. Share sensitive
                information only on official, secure websites.  Home
                    *U.S. Equal Employment Opportunity Commission*

      search
      Menu
      Any of these words (optional)
Search

    close
            About EEOC
          
                        
  
    **About EEOC**
                        Overview
                                  The Commission and The General Counsel
                                  Commission Votes
                                  Meetings of the Commission
                                  EEOC History
                                  **News and Information**
                        Newsroom
                                  What You Should Know
                                  Legislative Affairs
                                  Publications
                                  Outreach and Education
                                  FOIA
              **Laws and Enforcement**
                        Laws, Regulations, Guidance and MOUs
                                  Discrimination by Type
                                  Mediation
                                  Litigation
                                  Systemic Enforcement
                                  Commissioner Charges and Directed Investigations
              **Programs and Performance**
                        Budget and Performance
                                  Initiatives
                                  Interagency Programs
                                  State and Local Programs
                                  Task Forces
                                  Tribal Programs
              **Data and Analytics**
                        Overview
                                  Data Governance
                                  EEO Data Collections
                                  Data and Statistics
                                  Data Tools and Products
                                  No FEAR Act Data
                                  **Inside EEOC**
                        Careers
                                  Office for Civil Rights, Diversity and Inclusion
                                  Doing Business with EEOC
                                  Privacy
                                  Office of Inspector General
          
                                            
  
      
                  
                        Employees & Job Applicants
          
                        
  
    **Employees & Applicants**
                        Overview
                                  Coverage
                                  Timeliness
                                  Prohibited Practices
              **Filing a Charge of Discrimination**
                        Filing a Charge
                                  How to File
                                  After You File a Charge
                                  Confidentiality
                                  Mediation
                                  Remedies
                                  Existing Charges
                                  Filing a Lawsuit
              **Discrimination by Type**
                        Age
                                  Disability
                                  Equal Pay
                                  Genetic Information
                                  Harassment
                                  National Origin Discrimination
                                  Pregnancy Discrimination
                                  Race/Color Discrimination
                                  Religious Discrimination
                                  Retaliation
                                  Sex
                                  Sexual Harassment
                                  Sexual Orientation and Gender Identity
          
                                  
  
      
                  
                        Employers / Small Business
          
                        
  
    **Employers / Small Business**
                        Overview
                                  Coverage
                                  After a Charge is Filed
                                  Resolving a Charge
                                  Commissioner Charges and Directed Investigations
                                  Remedies
              **Small Business Resource Center**
                        Small Business Home
                                  Small Business Requirements
                                  Frequently Asked Questions
                                  Tips for Small Businesses
                                  Making an Employment Decision?
                                  EEOC Resources
                                  Small Business Assistance
                                  Small Business Fact Sheet
                                  Small Business Videos
                                  EEOC Glossary
                                  Contact Us
              **Discrimination by Type**
                        Age
                                  Disability
                                  Equal Pay
                                  Genetic Information
                                  Harassment
                                  National Origin
                                  Pregnancy
                                  Race/Color
                                  Religion
                                  Retaliation
                                  Sex
                                  Sexual Harassment
                                  Sexual Orientation and Gender Identity
                                  Prohibited Practices
              Recordkeeping
                                  EEO Data Collections
                                  "Know Your Rights" Poster
                                  Training
                                  Other Employment Issues
          
                                            
  
      
                  
                        Federal Sector
          
                        
  
    **Federal Agencies**
                        Overview
                                  Federal EEO Coordination
                                  Federal Agency EEO Directors
                                  Laws, Regulations, Guidance & MOUs
                                  Management Directives & Federal Sector Guidance
                                  Federal Training & Outreach
                                  Resources
              **Federal Employees & Job Applicants**
                        Overview
                                  Federal Complaint Process
                                  Federal Sector Alternative Dispute Resolution
                                  Discrimination by Type
                                  Other Federal Protections
                                  Prohibited Practices
                                  Resources
          
                        
  
      
                  
                        Contact Us
          
                        
  
    Contact EEOC
                                  Find Your Nearest Office
                                  Office Operating Status
                                  Frequently Asked Questions

        
                  Languages
    English
              Español (Spanish)
                    Resources in Other Languages
                    عربي (Arabic)
              简体中文 (Chinese, Simplified)
              繁體中文 - Chinese (Traditional)
              Kreyòl Ayisyen (Haitian Creole)
              한국어 (Korean)
              Русском (Russian)
              Tagalog (Tagalog)
              Tiếng Việt (Vietnamese)
              فارسی (Persian. Farsi)
              پښتو (Pashto)
          

  

  Breadcrumb
Home
  publications
  Questions And Answers About Employer Responsibilities Concerning The Employment Of Muslims, Arabs, South Asians, And Sikhs

                      
                        

          
          
                        Questions And Answers About Employer Responsibilities Concerning The Employment Of Muslims, Arabs, South Asians, And Sikhs
              


          
  Notice Concerning the Undue Hardship Standard in Title VII Religious Accommodation Cases.

This document was issued prior to the Supreme Court’s decision in *Groff v. DeJoy*, 143 S. Ct. 2279 (2023). The *Groff* opinion clarified that “showing ‘more than a de minimis cost’...does not suffice to establish undue hardship under Title VII.” Instead, the Supreme Court held that “undue hardship is shown when a burden is substantial in the overall context of an employer’s business,” “tak[ing] into account all relevant factors in the case at hand, including the particular accommodations at issue and their practical impact in light of the nature, size and operating cost of an employer.” *Groff* supersedes any contrary information on this webpage. For more information about the EEOC’s resources on religious discrimination, please see https://www.eeoc.gov/religious-discrimination.
Since the attacks of September 11, 2001, the Equal Employment Opportunity Commission (EEOC) and state and local fair employment practices agencies have recorded a significant increase in the number of charges alleging discrimination based on religion and/or national origin. Many of the charges have been filed by individuals who are or are perceived to be Muslim, Arab, South Asian, or Sikh. These charges most commonly allege harassment and discharge.

While employers have an ongoing responsibility to address workplace discrimination, reaction to the events of September 11, 2001 may demand increased efforts to prevent discrimination. This fact sheet answers questions about what steps an employer can take to meet these responsibilities. The Commission has also prepared a companion fact sheet that answers questions about employee rights. For additional information, visit the EEOC's website at http://www.eeoc.gov.

Introduction

Title VII of the Civil Rights Act of 1964 prohibits workplace discrimination based on religion, ethnicity, country of origin, race and color. Such discrimination is prohibited in any aspect of employment, including recruitment, hiring, promotion, benefits, training, job duties, and termination. Workplace harassment is also prohibited by Title VII. In addition, an employer must provide a reasonable accommodation for religious practices unless doing so would result in undue hardship. The law prohibits retaliation against an individual because s/he has engaged in protected activity, which includes filing a charge, testifying, assisting, or participating in any manner in an investigation, or opposing a discriminatory practice. Employers with 15 or more employees are required to comply with Title VII. Title VII also prohibits discrimination by most unions and employment agencies.

Hiring And Other Employment Decisions

**Narinder, a South Asian man who wears a Sikh turban, applies for a position as a cashier at XYZ Discount Goods. XYZ fears Narinder's religious attire will make customers uncomfortable. What should XYZ do?**

XYZ should not deny Narinder the job due to notions of customer preferences about religious attire. That would be unlawful. It would be the same as refusing to hire Narinder because he is a Sikh.

XYZ Discount Goods should also consider proactive measures for preventing discrimination in hiring and other employment decisions. XYZ could remind its managers and employees that discrimination based on religion or national origin is not tolerated by the company in any aspect of employment, including hiring. XYZ could also adopt objective standards for selecting new employees. It is important to hire people based on their qualifications rather than on perceptions about their religion, race or national origin.

Harassment

**Muhammad, who is Arab American, works for XYZ Motors, a large used car business. Muhammad meets with his manager and complains that Bill, one of his coworkers, regularly calls him names like "camel jockey," "the local terrorist," and "the ayatollah," and has intentionally embarrassed him in front of customers by claiming that he is incompetent. How should the supervisor respond?**

Managers and supervisors who learn about objectionable workplace conduct based on religion or national origin are responsible for taking steps to correct the conduct by anyone under their control. Muhammad's manager should relay Muhammad's complaint to the appropriate manager if he does not supervise Bill. If XYZ Motors then determines that Bill has harassed Muhammad, it should take disciplinary action against Bill that is significant enough to ensure that the harassment does not continue.

Workplace harassment and its costs are often preventable. Clear and effective policies prohibiting ethnic and religious slurs, and related offensive conduct, are needed. Confidential complaint mechanisms for promptly reporting harassment are critical, and these policies should be written to encourage victims and witnesses to come forward. When harassment is reported, the focus should be on action to end the harassment and correct its effects on the complaining employee.

Religious Accommodation

**Three of the 10 Muslim employees in XYZ's 30-person template design division approach their supervisor and ask that they be allowed to use a conference room in an adjacent building for prayer. Until making the request, those employees prayed at their work stations. What should XYZ do?**

XYZ should work closely with the employees to find an appropriate accommodation that meets their religious needs without causing an undue hardship for XYZ. Whether a reasonable accommodation would impose undue hardship and therefore not be required depends on the particulars of the business and the requested accommodation.

When the room is needed for business purposes, XYZ can deny its use for personal religious purposes. However, allowing the employees to use the conference room for prayers likely would not impose an undue hardship on XYZ in many other circumstances.

Similarly, prayer often can be performed during breaks, so that providing sufficient time during work hours for prayer would not result in an undue hardship. If going to another building for prayer takes longer than the allotted break periods, the employees still can be accommodated if the nature of the template design division's work makes flexible scheduling feasible. XYZ can require employees to make up any work time missed for religious observance.

In evaluating undue hardship, XYZ should consider only whether it can accommodate the three employees who made the request. If XYZ can accommodate three employees, it should do so. Because individual religious practices vary among members of the same religion, XYZ should not deny the requested accommodation based on speculation that the other Muslim employees may seek the same accommodation. If other employees subsequently request the same accommodation and granting it to all of the requesters would cause undue hardship, XYZ can make an appropriate adjustment at that time. For example, if accommodating five employees would not cause an undue hardship but accommodating six would impose such hardship, the sixth request could be denied.

Like employees of other religions, Muslim employees may need accommodations such as time off for religious holidays or exceptions to dress and grooming codes.

Temporary Assignments

**Susan is an experienced clerical worker who wears a hijab (head scarf) in conformance with her Muslim beliefs. XYZ Temps places Susan in a long-term assignment with one of its clients. The client contacts XYZ and requests that it notify Susan that she must remove her hijab while working at the front desk, or that XYZ assign another person to Susan's position. According to the client, Susan's religious attire violates its dress code and presents the "wrong image." Should XYZ comply with its client's request?**

XYZ Temps may not comply with this client request without violating Title VII. The client would also violate Title VII if it made Susan remove her hijab or changed her duties to keep her out of public view. Therefore, XYZ should strongly advise against this course of action. Notions about customer preference real or perceived do not establish undue hardship, so the client should make an exception to its dress code to let Susan wear her hijab during front desk duty as a religious accommodation. If the client does not withdraw the request, XYZ should place Susan in another assignment at the same rate of pay and decline to assign another worker to the client.

Background Investigations

**Anwar, who was born in Egypt, applies for a position as a security guard with XYZ Corp., which contracts to provide security services at government office buildings. Can XYZ require Muhammad to undergo a background investigation before he is hired?**

XYZ may require Anwar to undergo the same pre-employment security checks that apply to other applicants for the same position. As with its other employment practices, XYZ may not perform background investigations or other screening procedures in a discriminatory manner.

In addition, XYZ may require a security clearance pursuant to a federal statute or Executive Order. Security clearance determinations for positions subject to national security requirements under a federal statute or an Executive Order are not subject to review under the equal employment opportunity statutes.

Where To Go For Guidance

The EEOC is available to provide you with useful information on how to address workplace problems relating to discrimination based on religion, national origin, race or color. We conduct various types of training, and we can help you find a format that is right for you.

Small businesses are faced with unique challenges in promoting effective workplace policies that prevent discrimination. Our Small Business Liaisons are located in each of our District, Local and Area offices to assist you in compliance with EEO laws.

You should feel free to contact EEOC with questions about effective workplace policies that can help prevent discrimination. We are also available to answer more specialized questions. Please call 1-800-669-4000 (TTY 1-800-669-6820), or send inquiries to:

Equal Employment Opportunity Commission
Office of Legal Counsel
131 M Street, NE
Washington, D.C. 20507
      
              Translate this Page
    EnglishEspañol (Spanish)
Enabled In-page NavigationReturn to top

  EEOC Logo, Image
            U.S. Equal Employment Opportunity Commission

          EEOC Headquarters
              131 M Street, NE
Washington, DC 205071-800-669-6820 (TTY)1-844-234-5122 (ASL Video Phone)

        Questions?

Call 1-800-669-4000
For Deaf/Hard of Hearing callers:1-800-669-6820 (TTY)1-844-234-5122 (ASL Video Phone)info@eeoc.govFind your nearest EEOC officeFrequently Asked Questions
          Connect With Us

  FOIA
      
    
                      Privacy Policy
      
    
                      Disclaimer
      
    
                      Accessibility
      
    
                      Office of Inspector General
      
    
                      Promoting Access to Voting
      
    
                      USA.gov