Section 11062 - Reasonable AccommodationAn employer or other covered entity shall make accommodation to the known religious creed of an applicant or employee unless the employer or other covered entity can demonstrate that the accommodation is unreasonable because it would impose an undue hardship. Refusing to hire an applicant or terminating an employee in order to avoid the need to accommodate a religious practice constitutes religious creed discrimination.
(a) A reasonable accommodation is one that eliminates the conflict between the religious practice and the job requirement and may include, but is not limited to, job restructuring, job reassignment, modification of work practices, or allowing time off in an amount equal to the amount of non-regularly scheduled time the employee has worked in order to avoid a conflict with his or her religious observances. Unless expressly requested by an employee, an accommodation is not reasonable if it requires segregation of an employee from customers or the general public.(b) In determining whether a reasonable accommodation would impose an undue hardship on the operations of an employer or other covered entity, factors to be considered include, but are not limited to: (1) The size of the relevant establishment or facility with respect to the number of employees, the size of budget, and other such matters;(2) The overall size of the employer or other covered entity with respect to the number of employees, number and type of facilities, and size of budget;(3) The type of the establishment's or facility's operation, including the composition and structure of the workforce or membership;(4) The type of the employer's or other covered entity's operation, including the composition and structure of the workforce or membership;(5) The nature and cost of the accommodation involved;(6) Reasonable notice to the employer or other covered entity of the need for accommodation; and(7) Any available reasonable alternative means of accommodation.(c) Reasonable accommodation includes, but is not limited to, the following specific employment policies or practices: (1) Interview and examination times. Scheduled times for interviews, examinations, and other functions related to employment opportunities shall reasonably accommodate religious practices.(2) Dress and Grooming Standards. Dress and grooming standards or requirements for personal appearance shall take into account "religious dress and grooming practices," as defined in Government Code section 12926.(3) Union Dues. An employer or union shall not require membership from any employee or applicant whose religious creed prohibits such membership. An applicant's or employee's religious creed shall be reasonably accommodated with respect to union dues.(d) It is unlawful to discriminate or retaliate against a person for requesting reasonable accommodation based on religion, regardless of whether the employer granted the request.Cal. Code Regs. Tit. 2, § 11062
1. Change without regulatory effect renumbering former section 7293.3 to new section 11062 and amending NOTE filed 10-3-2013 pursuant to section 100, title 1, California Code of Regulations (Register 2013, No. 40).
2. Amendment of first paragraph and subsections (a) and (c)(2), new subsection (d) and amendment of NOTE filed 12-9-2015; operative 4-1-2016 (Register 2015, No. 50). Note: Authority cited: Section 12935(a), Government Code. Reference: Sections 12920, 12921, 12926 and 12940, Government Code; Opuku-Boateng v. State of Cal. (9th Cir. 1996) 95 F.3d 1461, 1467 as amended (Nov. 19, 1996); EEOC v. Abercrombie & Fitch Stores, Inc. (2015) 135 S.Ct. 2028.
1. Change without regulatory effect renumbering former section 7293.3 to new section 11062 and amending Note filed 10-3-2013 pursuant to section 100, title 1, California Code of Regulations (Register 2013, No. 40).
2. Amendment of first paragraph and subsections (a) and (c)(2), new subsection (d) and amendment of Note filed 12-9-2015; operative 4/1/2016 (Register 2015, No. 50).