Religious accommodation at work in California: clothing, hairstyles and prayer time

Many people wear, grow or do something at work because of their faith. This article explains, in general terms, how California and federal rules treat religious clothing, hairstyles and time for prayer or holy days. It is general information, not advice about your situation.

The short answer

In general, California employers covered by the Fair Employment and Housing Act (FEHA) must reasonably accommodate a worker's religious beliefs and practices. That includes dress, grooming and time off for worship. The main limit is when an accommodation would cause an "undue hardship" for the employer (CRD fact sheet).

FEHA generally applies to private employers with five or more employees and to state and local public employers (CRD fact sheet). One exception to know: FEHA's definition of "employer" does not include a non-profit religious association or corporation (CRD employment page). The federal law, Title VII, covers employers with 15 or more employees (EEOC: Religious discrimination).

Our religious discrimination guide covers the wider topic.

What counts as religious dress and grooming

The Civil Rights Department (CRD) says religious creed includes beliefs, observing holy days, practices, dress and grooming. Dress and grooming can include religious clothing, head or face coverings, jewelry, artifacts, and head, facial and body hair (CRD fact sheet).

Federal guidance gives more specific examples (EEOC: Religious garb and grooming):

• Clothing: modest dress, such as not wearing pants or short skirts.
• Head coverings: a Muslim hijab or a Sikh turban.
• Religious items: a Christian cross or a Sikh kirpan.
• Hair: Sikh uncut hair and beard, Rastafarian dreadlocks, or Jewish sidelocks.

When a dress code or grooming rule clashes with one of these practices, the question is usually whether an exception would cause an undue hardship. Under federal guidance, safety, security or health concerns can justify a limit only if they actually create an undue hardship. An employer cannot simply assume it (EEOC: Religious garb and grooming).

Being moved out of sight

Sometimes an employer may suggest moving a worker away from customers instead of allowing a religious practice. California rules say an accommodation is generally not reasonable if it requires separating the worker from customers, the public or other employees (Civil Rights Council regulations).

Federal guidance is similar. It says customer preference is not a defense. Moving a worker to a job with no customer contact because of actual or assumed customer preference is a form of job segregation that is not allowed (EEOC: Religious garb and grooming).

Illustrative example. Not a real case or person. Nadia works at the front counter of a store and wears a hijab. Her manager suggests she work in the stockroom because some customers "might not like it." Under the guidance above, a move like that, made because of customer preference, generally would not be treated as a reasonable accommodation.

Prayer time and holy days

Accommodations are not only about clothing. CRD gives two scheduling examples. One is giving a Seventh-day Adventist worker Saturdays off for a holy day. The other is scheduling a job interview around a Muslim applicant's prayer time (CRD fact sheet).

Federal guidance lists other common options. These include flexible scheduling, voluntary shift swaps, job reassignments and changes to workplace policies (EEOC: Religious discrimination).

These rules can reach hiring too. CRD says hiring technology that screens people by their availability may have a negative impact on religious applicants. It says such tools may be used only if they are job-related, necessary for the business, and let applicants ask for a religious accommodation (CRD fact sheet).

What "undue hardship" means

State and federal agencies each describe undue hardship in their own words.

Under California guidance, factors in deciding undue hardship can include the nature and cost of the accommodation compared to the employer's resources, the size of the business, and the type of operation (CRD fact sheet).

Under federal law, undue hardship means a burden that is substantial in the overall context of the employer's business (EEOC: Religious discrimination). Federal guidance also says that neither coworker disgruntlement nor customer preference is an undue hardship (EEOC: Religious garb and grooming).

Whether a hardship exists generally depends on the facts of each workplace.

State and federal rules side by side

Many California workers are covered by both state and federal law. State law often reaches smaller employers and gives more time to file.

Sources for the comparison: CRD fact sheet, CRD employment page, CRD complaint process, EEOC: Religious discrimination and EEOC: How to file a charge. Our discrimination guide explains how these laws work more broadly.

Where complaints generally go

A CRD employment complaint generally must be filed within three years of the date the person was last harmed (CRD complaint process). In California, an EEOC charge is generally due within 300 calendar days (EEOC: How to file a charge).

You can find the details on the CRD how to file page and the EEOC how to file page. Our where to file tool can help you sort out which agency fits.