Failure to Accommodate Religious Beliefs as a Cause of Action in New York Under the NYSHRL

Failure to accommodate religious beliefs as a cause of action in New York under the NYSHRL applies when an employee needs a workplace accommodation because of a bona fide religious belief, the employer knows about that need, the employee could still do the job with a reasonable accommodation, the accommodation would not create undue hardship, and the employer fails to provide it. In practical terms, this cause of action asks whether the employer made room for an employee’s religious practice when the law required it.

Entitled to an Accommodation on the Basis of a Bona Fide Religious Belief

The first element requires the plaintiff to show entitlement to an accommodation based on a bona fide religious belief. In simple terms, the request must be tied to a genuine religious belief or practice.

This matters because the cause of action is not based on personal preference alone. The request must arise from religion in a real and meaningful sense. If there is no bona fide religious basis for the request, the duty to accommodate may not arise.

Employer Had Notice of the Religious Belief

The second element requires the plaintiff to show that the employer had notice of the religious belief. An employer generally cannot be faulted for failing to accommodate something it did not know about.

Notice can come in different ways. An employee may speak directly with a supervisor, submit a request, explain the conflict between a job rule and a religious practice, or otherwise make the need for accommodation known. What matters is that the employer had enough information to understand that a religious accommodation was being sought.

Plaintiff Was Able to Perform the Job With Reasonable Accommodation

The third element requires the plaintiff to show that he or she was able to perform the job with a reasonable accommodation. The law is not asking whether the employee could perform the job with no changes at all. Instead, it asks whether a reasonable adjustment would allow the employee to continue doing the work.

A reasonable accommodation may take different forms depending on the job and the religious practice involved. It might involve a schedule change, shift swap, an exception to a dress rule, or some other workplace adjustment. The central issue is whether the employee could still perform the job if that accommodation were provided.

The Accommodation Would Not Cause Undue Hardship to the Employer

The fourth element requires the plaintiff to show that the accommodation would not cause undue hardship to the employer. This means the requested change must be one the employer can reasonably provide without significant difficulty or burden under the circumstances.

This element matters because the law balances employee rights with workplace realities. Employers are not required to grant every requested accommodation no matter the cost or disruption. But they also cannot reject accommodations lightly or simply because they are inconvenient.

Employer Failed to Make the Accommodation

The fifth element requires the plaintiff to show that the employer failed to make the accommodation. If the employee was entitled to a religious accommodation, the employer knew about it, the employee could perform the job with it, and it would not create undue hardship, then the employer’s failure to provide it may violate the law.

That failure can take different forms. An employer may deny the request outright, ignore it, delay without acting, or refuse to explore workable options.

Conclusion

Failure to accommodate religious beliefs as a cause of action in New York under the NYSHRL protects employees who need reasonable workplace adjustments because of bona fide religious beliefs. To establish this cause of action, a plaintiff must show entitlement to an accommodation based on a genuine religious belief, employer notice, the ability to perform the job with a reasonable accommodation, lack of undue hardship to the employer, and the employer’s failure to make the accommodation.

FindLaw

“To plead a cause of action for failure to accommodate, a plaintiff must plead facts that, if proven, would demonstrate that the plaintiff is entitled to an accommodation on the basis of a bona fide religious belief, the employer had notice of such belief, the plaintiff was able to perform their job with reasonable accommodation, the accommodation would not cause undue hardship to the employer, and the employer failed to make such accommodation (NY Exec. Law § 296[10]; Administrative Code of City of NY § 8-107[1][a]; see Ashandra v 1199 Seiu Nat. Ben. Fund, 2023 WL 6975971, *1 [Sup Ct, NY County 2023]).” Hunold v. The City of New York, 2024 N.Y. Slip Op. 51241 (N.Y. Sup. Ct. 2024).