All Personnel
OP 4034.01(a)
REQUESTS FOR RELIGIOUS ACCOMMODATION
All current SCOE employees and/or applicants may request religious accommodation for a
current position, promotion, or lateral transfer job. All former employees applying for
reinstatement may also request religious accommodation.
In order to consider a request for religious accommodation, the request shall be in writing
and should outline the following:
1.
The specific belief, practices or circumstances that require accommodation. It is an
employee’s responsibility to notify his/her supervisor in advance of future religious
events and the need for time off with enough advance notice for an accommodation to
be made without disrupting County Office operations or delivery of services.
2.
The type of accommodation requested. The County Office is not required to solely
rely upon the employee to suggest a reasonable accommodation.
3.
How this accommodation will allow the employee to perform the functions of his or
her position.
The request is to be submitted to the employee’s immediate supervisor or manager. An
employee making a request shall be provided a copy of this policy by his/her supervisor.
Manager/Supervisor Responsibilities
The immediate supervisor or manager is responsible for ensuring that this policy is made
available to all of their employees. This policy is accessible on the Sonoma County Office of
Education Web Site in the Policy Manual, and is available in hard copy in the Human
Resources Department. Management shall respond to all religious accommodation requests
in writing within 10 working days from the date the request is received.
The approval or denial of a request for religious accommodation shall clearly indicate:
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What reasonable accommodation was requested
Reason(s) for approval or denial or the request
A detailed statement of any accommodation tried or considered by management and
specific hardship(s) which the suggested or attempted accommodations would cause
The employee’s appeal rights
Evaluating Requests for Religious Accommodations
The responding supervisor or manager should make all reasonable efforts to accommodate an
applicant or employee’s request to exercise or practice his or her religion.
OP 4034.01(b)
REQUESTS FOR RELIGIOUS ACCOMMODATION (continued)
Examples of religious practices that may need accommodation include:
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Observance of Sabbaths or religious holidays
Religious objections to medical examinations
Religious objections to membership in labor and other organizations
Practices concerning dress and other personal grooming habits
Every situation should be approached on an individual basis. The department will seek to
minimize the disparate impact which any employment practice or duty may have on differing
religious practices or beliefs, and ensure equal employment and career opportunities without
regard to differences in religious belief(s) or practice(s).
Methods commonly used for arranging a religious accommodation include:
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Use of paid time off such as accrued vacation or compensatory time
Voluntary substitution
Flexible scheduling
Job restructuring, reassignment, or transfer
Establishing Undue Hardship
The presence of any of the following circumstances may indicate an undue hardship to the
department and/or the agency:
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An accommodation which creates a shortage of necessary employee(s)
An accommodation which requires the employer to incur substantial additional cost
An accommodation which requires the employer to violate the operation of bona fide
seniority or merit system unless the system itself is based upon a discriminatory
purpose
An accommodation which requires the department to violate a licensing requirements
or education code section
An accommodation which violates the rights of other employees, or creates a hostile
work environment
An accommodation which requires the department to breach its statutory
responsibilities or violates the rights of individuals with disabilities
Any economic hardship should include estimated dollar cost. Any non-economic hardship
claimed should set forth how such accommodations would cause undue hardship and why
such hardship is not avoidable.
In a situation where a permanent accommodation without undue hardship cannot be
immediately arranged, it may be necessary to adopt a temporary means of accommodation
without undue hardship while a more permanent
accommodation is being sought.
OP 4034.01(c)
REQUESTS FOR RELIGIOUS ACCOMMODATION (continued)
Appeal Process
If resolution cannot be reached by the employee and his/her supervisor or manager, the
employee has the right to appeal the decision to the Executive Director, Human Resources in
writing within 5 working days of receipt of the decision. Within 10 working days of receipt
of such an appeal, the Executive Director, Human Resources will respond to the individual in
writing.
The approval or denial shall indicate:
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The religious accommodation requested
Methods of accommodation explored, and
Reason(s) for approval or denial of the request
Discipline for any violation of a job rule or requirement which occurs because of the
employee’s adherence to his or her religious practice(s) or belief(s) shall not be implemented
until the appeal provisions of policy have been exhausted.
Nothing in this policy shall prevent an employee or applicant from asserting at any time his
or her right to file a complaint or appeal through available channels, including, but not
limited to the discrimination complaint process.
SONOMA COUNTY OFFICE OF EDUCATION
Policy Reference: SP/AR 4034: Religious Accommodation
Procedure approved: January 9, 2007
(0409.01)