How Can I Request Religious Accommodations at Work Without Fear of Retaliation?

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Yes, you can request religious accommodations at work without fear of retaliation—it’s your legal right. Title VII of the Civil Rights Act of 1964 protects your ability to practice your faith in the workplace, and the law explicitly prohibits employers from retaliating against you for requesting accommodations. Whether you need time off for religious holidays, schedule adjustments for prayer, dress code exceptions for religious attire, or exemptions from certain job duties, you’re entitled to ask. After the Supreme Court’s 2023 decision in Groff v. DeJoy, employers face a higher bar to deny your request—they must prove it would cause “substantial increased costs,” not just minor inconvenience. The key is knowing how to request accommodations properly, documenting everything, and understanding your legal protections if your employer pushes back.

Key Takeaways

Here’s what you need to know about requesting religious accommodations:

  • Your right is protected by law: Title VII prohibits religious discrimination and requires employers to accommodate your sincerely held religious beliefs unless it causes undue hardship.
  • The legal standard changed in 2023: The Supreme Court’s Groff v. DeJoy ruling raised the bar—employers must prove “substantial increased costs,” making it harder for them to deny your request.
  • Common accommodations include: Flexible scheduling for religious observances, dress code exceptions, prayer breaks, and exemptions from conflicting job duties.
  • Put everything in writing: Document your request, your employer’s response, and any discussions about accommodation options.
  • Retaliation is illegal: If your employer demotes you, disciplines you, or harasses you after requesting accommodation, you have legal recourse.
  • New York offers stronger protections: State and city laws provide broader coverage and stricter standards than federal law.
  • The EEOC is your resource: You can file a complaint with the Equal Employment Opportunity Commission if your employer denies your request unfairly or retaliates against you.

Disclaimer: This article provides general information and should not be considered a substitute for legal advice. It is essential to consult with an experienced employment lawyer to discuss the specific facts of your case and understand your legal rights and options. This information does not create an attorney-client relationship.

What Legal Protections Exist for Religious Accommodations?

Title VII of the Civil Rights Act of 1964 makes it illegal for employers to discriminate based on religion. This includes refusing to accommodate your sincerely held religious beliefs or practices unless doing so would create an undue hardship.

The Supreme Court clarified this standard in Groff v. DeJoy (2023), ruling that undue hardship means “substantial increased costs” to the employer’s business operations—not just the minimal burden courts previously accepted. This is a game-changer for employees seeking religious discrimination protection.

What Does This Mean for You in Practice?

You have the right to request adjustments to your work schedule, dress code, or duties when they conflict with your religious observances. Can you be excused from work for religious reasons? Can you refuse to work on Sundays for religious reasons? In most cases, yes—as long as it doesn’t impose substantial costs on your employer.

Your employer also cannot retaliate against you for making a request or practicing your religion in the workplace. Retaliation includes demotion, disciplinary action, harassment, reduced hours, or creating a hostile work environment.

How Do New York Laws Strengthen Your Protections?

If you work in New York, you have even stronger protections than federal law provides.

New York State Human Rights Law (NYSHRL) applies to employers with 4 or more employees (compared to Title VII’s 15-employee threshold) and has been interpreted more broadly than federal law in many religious accommodation cases.

New York City Human Rights Law provides the strongest religious discrimination protections in the nation. NYC employers must prove accommodations would cause “significant difficulty or expense”—an even tougher standard than the federal “substantial increased costs” requirement.

These layered protections mean New York employees have multiple avenues to enforce their rights, whether through the EEOC, the New York State Division of Human Rights, or the NYC Commission on Human Rights.

What Qualifies as a Reasonable Religious Accommodation?

A reasonable religious accommodation is any workplace adjustment that allows you to practice your religion without creating undue hardship for your employer. The accommodation must address a conflict between your sincerely held religious beliefs and your job requirements.

Here’s what “reasonable” looks like in practice:

Schedule Adjustments

  • Shift swaps with coworkers
  • Modified work hours to attend religious services
  • Time off for religious holidays (paid or unpaid)
  • Flexible break schedules for prayer

Dress and Grooming Accommodations

  • Wearing religious head coverings (hijab, yarmulke, turban)
  • Maintaining beards or other religiously required grooming practices
  • Wearing religious jewelry or symbols
  • Exceptions to uniform requirements

Workplace Modifications

  • Access to a private space for prayer or meditation
  • Dietary accommodations for religiously required meals
  • Exemption from certain job tasks that conflict with religious beliefs
  • Reassignment to duties that don’t create religious conflicts

Communication and Expression

  • Displaying religious items at your workstation (within reason)
  • Using religious greetings in workplace interactions
  • Discussing your faith with interested coworkers (without proselytizing)

What Makes an Accommodation “Unreasonable”?

Your employer can deny a request if it would fundamentally alter your job duties, compromise workplace safety, violate other employees’ rights, or require significant restructuring of operations. But they can’t cite minor inconveniences, personal preferences, or hypothetical concerns as reasons to deny accommodation.

Table displaying six categories of religious workplace accommodations including schedule changes, dress code exceptions, prayer breaks, job duty modifications, religious expression, and dietary accommodations, with examples, typical employer responses, and applicable legal standards for each category.

What Are Real-World Examples of Religious Accommodations?

Understanding how religious accommodations work in practice helps you frame your own request effectively. Here are scenarios courts have addressed:

How Do Schedule Accommodations Work?

A retail employee who observes the Jewish Sabbath requested not to work from Friday evening through Saturday evening. The employer accommodated this by allowing shift swaps with coworkers and adjusting the schedule rotation. This type of accommodation is straightforward when other employees are willing to trade shifts.

A Muslim employee in a Manhattan office building needed 15-minute breaks twice daily for prayer. The employer adjusted break schedules to allow prayer time, using a private conference room during off-peak hours. This accommodation cost the employer nothing and didn’t disrupt operations.

How Do Dress Code Accommodations Function?

A Sikh employee working in Brooklyn needed to maintain an unshaven beard and wear a turban for religious reasons, despite the company’s grooming policy requiring clean-shaven faces and no head coverings. After initially denying the request, the employer granted the accommodation when they realized they couldn’t prove substantial increased costs from the exception.

A Muslim woman requested to wear her hijab while working as a customer service representative, even though it didn’t match the company uniform. The employer accommodated the request by allowing her to wear a hijab in company colors, maintaining brand consistency while respecting her religious practice.

What About Exemptions from Job Duties?

A pharmacist with religious objections to dispensing certain contraceptives requested reassignment of those specific prescription orders to other pharmacists. The pharmacy accommodated this request by having colleagues handle those prescriptions, which didn’t create staffing problems or substantial costs.

A vegetarian Hindu employee working in a test kitchen asked not to prepare or taste meat-based products for religious reasons. The employer reassigned those specific tasks to other team members while the employee focused on vegetarian recipe development.

How Do Prayer Space Accommodations Work?

An employee in Queens requested a quiet, private space for midday prayer. The employer designated an unused office for this purpose, which multiple employees could use throughout the day for prayer or meditation. This cost nothing and actually improved employee morale.

What Is the "Undue Hardship" Standard After Groff v. DeJoy?

After the Supreme Court’s 2023 decision in Groff v. DeJoy, the undue hardship analysis fundamentally changed. Employers can no longer deny accommodations based on minimal inconvenience—they must prove substantial increased costs.

What Counts as “Substantial Increased Costs”?

The Court didn’t define an exact dollar amount, but clarified that hardship must be measured against the employer’s overall operations, considering:

Financial Impact

  • Actual costs of providing accommodation (not speculative concerns)
  • Whether costs are absorbed within normal business operations
  • The size and resources of the employer
  • Whether other employees can absorb additional duties without overtime

Operational Disruption

  • Impact on efficiency and productivity
  • Effect on workplace safety
  • Burden on other employees’ rights and benefits
  • Disruption to business operations that goes beyond minor inconvenience

What Doesn’t Qualify as Undue Hardship Anymore?

Courts have rejected these justifications post-Groff:

Minor schedule adjustments that require managers to spend extra time coordinating don’t meet the substantial cost threshold. Customer preference for employees without religious attire doesn’t constitute undue hardship. Coworker complaints about accommodating someone’s religious practice rarely rise to the level of substantial burden.

The Supreme Court emphasized that employers must consider all possible accommodations, not just reject the first option out of hand. They must engage in an interactive process to explore alternatives.

How Is Undue Hardship Analyzed Case by Case?

The analysis considers your specific accommodation request within the context of your employer’s particular business. What’s an undue hardship for a small startup might not be for a Fortune 500 company. A schedule change that works in retail might create substantial costs in emergency healthcare settings.

For example, if accommodating your religious observance requires hiring additional staff or paying significant overtime premiums, this could meet the undue hardship threshold. But simply adjusting your schedule within existing staffing, even if it takes some coordination, probably doesn’t.

Side-by-side comparison chart showing the shift from the pre-2023 'de minimis' cost standard to the post-Groff v. DeJoy 'substantial increased costs' standard for religious accommodations, with examples of what employers could previously deny versus what employees are now protected from, plus real-world impacts on common accommodation requests.

How Should You Request a Religious Accommodation?

The way you request accommodation matters. A clear, documented request puts you in the strongest legal position and makes it easier for your employer to respond appropriately.

What’s the First Step?

Identify the specific conflict between your religious practice and your work requirements. Be clear about what aspect of your job interferes with your religious observance. Is it your schedule? A dress code policy? Specific job duties? The clearer you are about the conflict, the easier it is to find a solution.

For example: “I observe the Christian Sabbath on Sundays, but I’m currently scheduled to work every Sunday. This prevents me from attending church services, which are a core part of my religious practice.”

How Do You Make the Request?

Put your request in writing. Send an email or letter to your supervisor and HR department stating:

  • Your need for accommodation
  • The specific religious practice requiring accommodation
  • Your proposed solution
  • Your willingness to discuss alternative accommodations

Here’s a sample request you can adapt:

Sample Religious Accommodation Request Letter:

[Date]

[Supervisor/HR Manager Name] [Company Name] [Address]

Subject: Request for Religious Accommodation

Dear [Name]:

I am writing to request a religious accommodation under Title VII of the Civil Rights Act of 1964. I am a practicing [your religion] and observe [specific religious practice], which conflicts with [specific job requirement].

Specifically, [explain the conflict clearly]. To resolve this conflict, I would like to request [your proposed accommodation, such as a schedule change, dress code exception, or duty reassignment].

I am committed to fulfilling my job responsibilities and am happy to discuss alternative solutions that would address this conflict while meeting the company’s operational needs. I am willing to [offer flexibility, such as shift swaps, working alternative days, etc.].

Please let me know when we can discuss this request. I appreciate your consideration and am confident we can find a reasonable solution.

Thank you for your time and attention to this matter.

Sincerely, [Your Name] [Your Contact Information]

What Happens After You Submit Your Request?

Your employer should engage in an “interactive process” with you. This means having a dialogue about your needs and exploring possible solutions. They can ask clarifying questions about your religious practices, but they cannot pry into your beliefs beyond what’s necessary to evaluate your request.

Be prepared to:

  • Explain why the accommodation is necessary for your religious practice
  • Consider alternative accommodations if your first choice isn’t feasible
  • Provide supporting documentation if requested (though this isn’t always required)
  • Respond to reasonable questions about how the accommodation would work

How Long Does Your Employer Have to Respond?

There’s no specific legal deadline, but employers should respond promptly. Delays can indicate a lack of good faith, especially if the religious observance is time-sensitive (like an upcoming holiday). If weeks pass without response, follow up in writing and document the delay.

What Should You Document?

Keep copies of everything:

  • Your written accommodation request
  • All email and written communications with your employer
  • Notes from verbal conversations (date, time, who was present, what was discussed)
  • Your employer’s response or decision
  • Any denied accommodations and the reasons given
  • Any instances of changed treatment after your request

This documentation becomes crucial if you need to file a complaint or pursue legal action.

What Questions Can Your Employer Ask You?

Your employer can ask questions to clarify your accommodation request, but there are limits to what they can probe.

What Are Legitimate Questions?

Employers can ask:

  • What specific religious practice requires accommodation
  • How does the practice conflict with your job requirements
  • Whether alternative accommodations would meet your needs
  • How long have you held this religious belief
  • Whether you’ve received similar accommodations from previous employers

These questions help employers understand your request and determine if accommodation is feasible.

What Questions Cross the Line?

Employers cannot:

  • Ask detailed questions about your theological beliefs
  • Question the validity or correctness of your religious practices
  • Require proof from religious leaders (though you can volunteer it)
  • Ask why your religion requires specific practices
  • Compare your practices to other members of your faith

The law protects “sincerely held religious beliefs,” which includes traditional organized religions, new or uncommon faiths, and even deeply held moral or ethical beliefs that function like religion in your life. Your employer doesn’t get to judge whether your beliefs are “religious enough.”

Do You Need Documentation from Your Religious Leader?

Usually not. Your word that you hold a sincere religious belief is generally sufficient. However, if your employer has genuine questions about whether your request is religious in nature (versus a personal preference), you might choose to provide a letter from a religious leader, but this isn’t legally required.

If you do provide documentation, it should simply confirm your religious practice, not explain or justify your beliefs.

What If Your Employer Denies Your Request?

If your employer denies your accommodation request, they must explain why it would create an undue hardship. This explanation should be specific and supported by evidence—not based on assumptions or hypothetical concerns.

What Makes a Denial Legally Defensible?

Your employer must show:

  • They considered your specific request
  • They explored alternative accommodations
  • The accommodation would cause substantial increased costs or operational disruption
  • They have objective evidence supporting their undue hardship claim

Vague statements like “it’s not feasible” or “it would be too difficult” don’t meet this standard. They need concrete evidence of substantial costs or disruption.

What Are Your Options If Your Request Is Denied?

First, ask for a written explanation of why accommodation isn’t possible. This creates a record and might reveal weaknesses in their reasoning.

Second, propose alternative accommodations. Maybe your first choice isn’t feasible, but there’s another solution that works for everyone.

Third, if your employer won’t budge, you have legal options.

How Can You File a Complaint for Religious Discrimination?

If your employer unfairly denies your accommodation request or retaliates against you, you can file a complaint with government agencies or pursue a lawsuit.

What Are Your Filing Options in New York?

New York employees have three potential venues:

Equal Employment Opportunity Commission (EEOC)

  • Federal agency handling Title VII complaints
  • Covers employers with 15+ employees
  • Must file within 300 days of discrimination (in states with parallel laws like New York)
  • Free to file
  • EEOC investigates and may sue on your behalf

New York State Division of Human Rights (NYSDHR)

  • State agency handling NYSHRL complaints
  • Covers employers with 4+ employees
  • Must file within 3 years of discrimination
  • Free to file
  • Conducts investigations and holds administrative hearings

NYC Commission on Human Rights (NYCCHR)

  • City agency for NYC employees
  • Strongest protections in the nation
  • Must file within 3 years of discrimination
  • Free to file
  • Known for aggressive enforcement

You can file with multiple agencies, though there’s coordination between them to avoid duplication. Many attorneys recommend starting with the agency that offers the strongest protections for your situation.

Horizontal flowchart showing the religious accommodation request process across seven steps with decision paths for granted or denied requests, including timelines from initial conflict identification through investigation and resolution, with critical documentation actions highlighted at the bottom.

What’s the Process After Filing a Complaint?

After you file, the agency investigates your claim. They’ll review your documentation, interview witnesses, and request information from your employer. This process can take several months.

The agency will make a determination:

  • If they find discrimination, they may attempt conciliation (settlement)
  • If conciliation fails, they may file a lawsuit on your behalf
  • If they don’t find discrimination, they’ll issue a “right to sue” letter allowing you to pursue a private lawsuit

What Remedies Are Available If You Win Your Case?

Successful religious discrimination claims can result in:

  • Back pay for lost wages
  • Reinstatement to your position
  • Compensation for emotional distress
  • Punitive damages (in some cases)
  • Attorney’s fees and costs
  • Court orders requiring your employer to provide accommodation
  • Policy changes to prevent future discrimination

What Constitutes Illegal Retaliation?

Retaliation happens when your employer takes adverse action against you because you requested a religious accommodation or complained about religious discrimination.

What Actions Qualify as Retaliation?

Retaliation can include:

  • Termination or demotion
  • Reduction in hours or pay
  • Negative performance reviews that don’t reflect your actual work
  • Increased scrutiny or micromanagement
  • Undesirable schedule changes or job reassignments
  • Exclusion from meetings, projects, or opportunities
  • Creation of a hostile work environment
  • False accusations or disciplinary actions

The key is whether your employer’s action would deter a reasonable person from requesting accommodation or complaining about discrimination. Even if you’re not fired, actions that make your work life significantly worse can constitute retaliation.

How Do You Prove Retaliation?

You need to show:

  • You engaged in protected activity (requesting accommodation or complaining about discrimination)
  • Your employer took adverse action against you
  • There’s a causal connection between your protected activity and the adverse action
  • Your employer’s stated reason for the action is pretextual (a cover-up)

Timing matters. If you requested accommodation on Monday and got demoted on Wednesday, that temporal proximity suggests retaliation. But retaliation can also be more subtle and delayed, which is why documentation is crucial.

What Should You Do If You Experience Retaliation?

Document everything immediately. Write down what happened, when, who was involved, and any witnesses. Save all emails and communications.

Report the retaliation internally, preferably in writing, to HR. This creates a record and gives your employer a chance to correct the situation.

If internal reporting doesn’t resolve the issue, file a complaint with the EEOC or relevant state/city agency. Retaliation is a separate legal violation from the initial discrimination, so you can pursue claims for both.

What Are Your Employer's Responsibilities?

Understanding what employers should do helps you identify when they’re falling short of their legal obligations.

What Policies Should Be in Place?

Employers should have:

  • Written policies prohibiting religious discrimination
  • Clear procedures for requesting religious accommodations
  • Training for managers and HR on handling accommodation requests
  • Anti-retaliation policies with enforcement mechanisms
  • Complaint procedures that protect employees’ rights

The absence of these policies doesn’t eliminate your rights, but good policies make the process smoother and show the employer takes their obligations seriously.

What Is the “Interactive Process” Requirement?

Employers must engage in a good-faith dialogue with you about your accommodation needs. This means:

  • Responding promptly to your request
  • Asking clarifying questions if needed
  • Exploring multiple accommodation options
  • Explaining why specific accommodations won’t work (if applicable)
  • Considering your preferences when multiple options exist
  • Documenting the conversation and decision

The interactive process should be collaborative, not adversarial. If your employer refuses to discuss accommodations, immediately denies your request, or insists on only one solution without considering alternatives, they’re not fulfilling their legal obligation.

What Training Should Managers Receive?

Managers should understand:

  • What constitutes religious discrimination
  • How to recognize accommodation requests (even informal ones)
  • The proper process for responding to requests
  • Why retaliation is prohibited and what actions count as retaliation
  • How to handle questions from other employees about accommodations

Poor manager training often leads to legal problems. If your manager doesn’t know the law, that doesn’t excuse your employer from liability.

What Are Practical Tips for a Successful Accommodation Request?

Should You Request Accommodation Before or After Getting Hired?

There’s no legal requirement to disclose your need for accommodation during the hiring process. You can wait until after you’re hired. However, if you know your religious practices will require accommodation, requesting it early can prevent scheduling conflicts and show good faith.

Employers cannot refuse to hire you because you’ll need religious accommodation. If you mention accommodation during interviews and don’t get the job, this could indicate religious discrimination.

How Can You Demonstrate Flexibility?

Being flexible strengthens your request. Propose multiple potential accommodations. Offer solutions that minimize disruption. Show willingness to work with your employer to find a workable arrangement.

For example: “I need to avoid working on Sundays for religious reasons. I could work Monday through Saturday instead, or I could swap Sunday shifts with willing coworkers. I’m open to other scheduling solutions that accomplish the same goal.”

When Should You Involve a Lawyer?

Consider consulting an employment attorney if:

  • Your employer denies your request without a valid explanation
  • You experience retaliation after requesting accommodation
  • Your employer refuses to engage in the interactive process
  • You’re facing termination or discipline related to your religious practice
  • Your accommodation request involves complex legal issues
  • You’re unsure whether your employer’s response is legally sufficient

Early legal advice can prevent problems from escalating and protect your rights from the start.

What Supporting Documentation Helps Your Case?

While not always required, these documents can strengthen your request:

  • A brief letter from your religious leader confirming your practice (if you’re comfortable providing it)
  • Information about your religion’s requirements (if it’s less well-known)
  • Evidence that you’ve consistently followed this religious practice
  • Documentation of accommodations you’ve received at previous jobs
  • Proposed schedules or plans showing how the accommodation would work

Keep this documentation simple and focused on the accommodation need, not on justifying your beliefs.

How Can Nisar Law Group Help You?

If you’re struggling to obtain a religious accommodation or facing retaliation for asserting your rights, you don’t have to navigate this alone. Religious discrimination cases require knowledge of federal, state, and local laws, and understanding how recent court decisions like Groff v. DeJoy apply to your specific situation.

What Makes Religious Accommodation Cases Complex?

These cases involve balancing competing interests—your right to religious freedom and your employer’s business needs. The legal standards are nuanced, especially after Groff changed the undue hardship analysis. You need an attorney who understands:

  • How to document accommodation requests properly
  • What evidence proves undue hardship (or disproves employers’ claims)
  • How to identify retaliation and build a strong case
  • Which agency provides the best venue for your specific claim
  • How New York’s stronger protections apply to your situation
  • Settlement negotiation strategies for religious discrimination cases

When Should You Contact an Attorney?

Don’t wait until you’ve been fired or disciplined. Early intervention often produces better outcomes. Contact an experienced employment attorney if:

  • Your employer denied your accommodation request
  • You’re experiencing different treatment after requesting accommodation
  • Your employer is pressuring you to compromise your religious practices
  • You need help crafting your accommodation request
  • You’re unsure whether your employer’s response is legally adequate
  • You want to file a complaint with the EEOC or a state agency

What Can You Expect from Nisar Law Group?

When you contact Nisar Law Group, you’ll work with attorneys who focus specifically on employment law and civil rights issues. We understand the New York legal landscape and how to leverage the state and city’s stronger protections for your benefit.

We’ll review your situation, explain your legal options clearly, and help you decide the best path forward—whether that’s negotiating with your employer, filing an administrative complaint, or pursuing litigation. Your faith is an essential part of who you are, and you deserve legal representation that treats your religious freedom with the respect it deserves.

Take Action to Protect Your Rights

You shouldn’t have to choose between your livelihood and your faith. The law protects your right to practice your religion freely at work, and employers who deny reasonable accommodations or retaliate against you for requesting them are violating federal and state law.

Start by documenting your religious practice and the conflict with your job requirements. Make your accommodation request in writing, clearly stating what you need and why. Keep copies of everything. If your employer denies your request or treats you differently afterward, reach out for legal help immediately.

Your religious freedom matters. The experienced employment attorneys at Nisar Law Group are ready to help you navigate the accommodation process, respond to denials, and hold employers accountable for religious discrimination and retaliation. Contact us today to discuss your situation and protect your rights.

Frequently Asked Questions About Religious Accommodations at Work

What counts as religious discrimination at work?

Religious discrimination happens when your employer treats you unfavorably because of your religious beliefs or practices. This includes refusing to hire you, firing you, denying promotions, reducing your pay, or creating a hostile work environment based on your faith. It also includes refusing to accommodate your sincerely held religious beliefs when accommodation wouldn’t create substantially increased costs for the employer. Examples include denying time off for religious holidays, prohibiting religious attire like hijabs or yarmulkes, preventing prayer breaks, or forcing you to work on days your religion prohibits. Under Title VII and New York law, all of these actions are illegal.

Do employers have to accommodate religion?

Yes. Federal law (Title VII) and New York state and city laws require employers to reasonably accommodate your sincerely held religious beliefs unless doing so would create an undue hardship. After the Supreme Court’s 2023 Groff v. DeJoy decision, “undue hardship” means “substantial increased costs”—a much higher bar than before. Your employer can’t deny your accommodation request just because it’s inconvenient or requires some schedule coordination. They must engage in an interactive process with you to explore possible accommodations and can only deny your request if they can prove it would significantly burden their business operations with concrete evidence.

What are examples of reasonable religious accommodations?

Reasonable accommodations vary based on your religious practice and job, but common examples include: flexible scheduling to observe the Sabbath or attend religious services; shift swaps with coworkers for religious holidays; breaks during the workday for prayer or meditation; exceptions to dress codes for religious attire (hijab, turban, religious jewelry, beards); access to a private space for prayer; dietary accommodations for religious restrictions; and exemptions from job duties that conflict with religious beliefs (like a pharmacist who objects to dispensing certain medications). Most accommodations cost employers little to nothing and are legally required unless they create substantial operational or financial burdens.

Can work deny time off for religious reasons?

Your employer can’t automatically deny time off for religious reasons. They must consider your request and accommodate it unless doing so would create substantially increased costs or operational disruption. This might mean allowing you to use vacation days, swap shifts with coworkers, work alternative schedules, or take unpaid leave. However, if granting time off would require expensive overtime for other employees or leave critical positions unstaffed in ways that substantially harm operations (like in emergency healthcare), this could constitute undue hardship. The key is that your employer must explore all possible accommodations before denying your request—they can’t just say “no” without evidence of substantial burden.

What should you do if you feel retaliation at work after requesting accommodation?

Document everything immediately. Write down what happened, when it occurred, who was involved, and any witnesses. Save all emails and communications. Common retaliation includes demotion, discipline, negative performance reviews that don’t reflect your actual work, schedule changes that make your life harder, exclusion from projects or meetings, or termination. Report the retaliation to HR in writing, stating clearly that you believe you’re being retaliated against for requesting religious accommodation. If internal reporting doesn’t resolve the issue, file a complaint with the EEOC, New York State Division of Human Rights, or NYC Commission on Human Rights. Retaliation is illegal, and you can pursue claims for both the original discrimination and the retaliatory actions.

How do you prove religious discrimination in the workplace?

To prove religious discrimination, you need to show: (1) you have a sincerely held religious belief that conflicts with a job requirement, (2) you informed your employer about this conflict, (3) you were disciplined, denied accommodation, or fired because of your religious practice or request, and (4) your employer’s stated reason is pretextual or they failed to prove undue hardship. Documentation is crucial—keep copies of your accommodation requests, emails with HR and supervisors, notes from conversations, your employer’s responses or denials, any changed treatment after your request, and evidence of how they’ve accommodated others. Timing matters too—if negative actions follow closely after your accommodation request, this suggests a causal connection. Witnesses who can testify about your religious practice, the conflict, and any discriminatory treatment also strengthen your case.

What evidence proves retaliation?

Strong retaliation evidence includes: the timeline showing negative actions happened shortly after you requested accommodation or complained about discrimination; emails or communications from supervisors or HR that reference your accommodation request in connection with discipline or criticism; documentation showing your work performance was satisfactory before requesting accommodation but suddenly becomes “problematic” afterward; evidence that similarly situated employees who didn’t request accommodations weren’t disciplined for the same conduct; witness statements from coworkers who observed changed treatment; records of excluded opportunities, meetings, or projects you previously had access to; and documentation of any verbal comments suggesting your religious practice or accommodation request is viewed negatively. The closer the timing between your protected activity and the adverse action, the stronger your retaliation claim becomes.

How do you tell HR you're being discriminated against?

Submit a written complaint to HR clearly stating you’re experiencing religious discrimination. Be specific: describe what accommodation you requested (or what religious practice is at issue), how your employer responded, and what negative actions you’ve experienced. Include dates, names of people involved, and specific examples. Use phrases like “I am filing a formal complaint of religious discrimination” or “I believe I am being treated differently because of my religious beliefs.” Keep the tone professional but direct—you don’t need to soften your concerns. Request a meeting to discuss your complaint and ask for a written response within a specific timeframe (like 10 business days). Keep a copy of everything you submit. If HR doesn’t take your complaint seriously or the discrimination continues, you can file with external agencies like the EEOC or contact an employment attorney. Filing internally doesn’t limit your legal options—it just creates a record that you tried to resolve the issue.

At Nisar Law Group, P.C., our New York lawyers are prepared to help hold your employer accountable for mistreatment directed at you. Please call us at or contact us online to discuss your case.

Written by Mahir S. Nisar

Mahir S. Nisar is the Principal at the Nisar Law Group, P.C., a boutique employment litigation firm dedicated to representing employees who have experienced discrimination within the workplace. Mr. Nisar has developed a stellar reputation for effectively advocating for his clients through his many years of practice as a civil litigator. Mr. Nisar’s passion in helping people overcome adversity in life and in their livelihood led him to train himself as a life coach with the Institute of Life Coach Training (ILCT). He routinely provides life coaching and executive coaching services to his existing clients as they collectively navigate the challenges of the legal process.