Understanding the Landscape of Accommodation

In my decades-long career as an employment attorney, one of the more nuanced and continually evolving challenges I’ve seen involves religious and cultural accommodations in the workplace. The law in this area is not only rooted in constitutional principles and civil rights statutes but also deeply connected to people’s identities and beliefs—making it as personal as it is legal.

Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on religion and requires employers to reasonably accommodate employees’ sincerely held religious beliefs or practices, unless doing so would impose an undue hardship on the operation of the business. But what defines “reasonable” and “undue” has been the subject of much debate, especially as our workplaces become more diverse, and as societal awareness around inclusion grows.

A Shifting Standard: The Supreme Court’s Influence

For many years, the threshold for “undue hardship” was relatively low for employers, based on the 1977 Trans World Airlines, Inc. v. Hardison decision. That case interpreted “undue hardship” as anything more than a de minimis—or trivial—cost. This made it easier for employers to deny accommodations.

But in 2023, the Supreme Court significantly raised the bar with Groff v. DeJoy, ruling that employers must show a substantial cost or burden to deny a religious accommodation. This shift rebalances the conversation, requiring employers to take a closer, more sincere look at how they respond to accommodation requests.

This legal evolution reflects a broader societal change: employees are no longer just cogs in a machine. They are people whose beliefs and cultural practices matter—and those beliefs are protected by law.

Practical Challenges on the Ground

In my practice, I often saw employers struggle with implementation—not because they were hostile to religion or culture, but because they lacked clear processes or feared setting precedents. Can a retail associate wear a head covering if it deviates from the company’s uniform policy? Should a manufacturing plant adjust a shift schedule to allow an employee to attend religious services? What if other employees perceive an accommodation as “special treatment”?

These aren’t easy questions. They require thoughtful dialogue, a clear understanding of the law, and a willingness to examine both company policy and culture. Employers are right to be cautious—but they must also be proactive.

That’s where preventative counsel comes in. Long before a dispute arises, it’s wise to review policies, conduct training, and establish a culture of respect. A flexible and inclusive approach not only minimizes legal risk—it improves morale and retention.

The Employee’s Role and Responsibility

It’s important to remember that the accommodation process is meant to be interactive. Employees should communicate their needs clearly and in good faith. They aren’t guaranteed the exact accommodation they request, but they do have the right to be heard and considered.

As an attorney who’s represented both sides, I often advised employees to approach these conversations constructively. Employers are more likely to engage meaningfully when requests are presented with context, flexibility, and a cooperative spirit.

Similarly, human resources professionals benefit from training that helps them distinguish between a genuine belief or practice and a preference. The goal isn’t to challenge the sincerity of someone’s belief but to understand it within a legal framework.

Cultural Practices: The Expanding Conversation

Beyond religion, cultural practices—such as dress, hair styles, or observances tied to ethnicity or national origin—are increasingly part of the accommodation conversation. Legal protections have expanded in many states and municipalities. For example, California’s CROWN Act prohibits discrimination based on natural hair styles like braids and locs.

This broader lens reminds us that accommodation is not just about complying with statutes; it’s about creating a workplace where people feel they can show up fully as themselves. It’s about respect—and that respect, in turn, fosters productivity, loyalty, and innovation.

Avoiding Litigation Through Empathy and Policy

The most contentious legal battles I witnessed could often have been avoided with earlier intervention, clearer policies, and a bit more empathy on both sides. In an increasingly polarized world, employers have an opportunity to lead by example—balancing operational needs with human dignity.

Developing clear accommodation procedures, encouraging dialogue, and maintaining written records of the interactive process are key steps. They don’t just protect the company; they demonstrate a commitment to fairness.

Final Thoughts

Religious and cultural accommodation isn’t a niche issue—it’s a reflection of how we value people in the workplace. As an attorney, I’ve seen the power of legal frameworks to enforce rights. But I’ve also seen the greater power of understanding, empathy, and proactive leadership to prevent conflict in the first place.

In today’s workplace, where diversity is the norm rather than the exception, navigating accommodations with sensitivity and clarity isn’t just good law—it’s good business. And perhaps more importantly, it’s a reminder that the best workplaces are those where everyone belongs.

The post When Values Meet the Law: Navigating Religious and Cultural Accommodation in Today’s Workplace By Michael Hoffman appeared first on Michael Hoffman.

A New Era for Hiring—and for Employment Law

In my decades of practice, I’ve witnessed the workplace transform in ways few of us could have imagined—digitization, remote work, the gig economy, and evolving cultural norms. But perhaps the most disruptive change to hiring practices in recent years has come from the rise of artificial intelligence.

Employers today are increasingly turning to AI-driven tools to screen resumes, evaluate facial expressions during virtual interviews, or predict job performance using algorithms. On paper, this looks like a leap toward efficiency and objectivity. In reality, it’s a minefield of legal, ethical, and practical challenges—particularly when it comes to fairness, bias, and transparency.

As employment lawyers, we stand at a critical intersection. Our job isn’t just to interpret statutes or react to disputes. It’s to counsel, prevent, and help companies navigate a rapidly evolving landscape in a way that’s legally sound and socially responsible.

Bias, Built In

One of the greatest misconceptions about AI is that it’s inherently neutral. In fact, the opposite is often true. AI tools learn from historical data—and if that data reflects bias (as most historical hiring data does), the algorithm will learn and perpetuate it.

Let’s say a company has traditionally hired predominantly white male engineers from a select group of universities. If an AI is trained on that data, it will likely favor candidates who match that profile, even if indirectly—such as favoring certain word choices or penalizing employment gaps more common among women or caregivers.

This presents a real risk of discrimination—intentional or not. And while courts are still catching up, the law is clear: disparate impact is grounds for liability under Title VII of the Civil Rights Act. In other words, even if the employer didn’t mean to discriminate, if the tool they used had that effect, they may still be held accountable.

Regulation Is Coming (and It’s Already Here)

We’re beginning to see a wave of regulatory attention focused on AI in employment. The EEOC has issued technical guidance on the use of algorithmic tools, warning employers to monitor for bias. New York City has already enacted a law requiring employers using automated hiring tools to conduct bias audits and notify candidates.

It’s safe to say this is just the beginning. Federal and state agencies are moving toward greater transparency requirements, and I wouldn’t be surprised if we soon see mandates for human oversight and consent from applicants when AI tools are used.

For employment lawyers, this means it’s not enough to wait until a claim is filed. We need to educate clients now—especially HR departments and hiring managers—about their responsibilities and risks.

What Lawyers Can Do Today

So how do we, as employment counsel, bridge the gap between innovation and fairness? Here are a few core strategies I recommend to my clients:

1. Demand Transparency from Vendors

If a company is using a third-party AI tool, they need to ask hard questions. What data was it trained on? Has it been audited for bias? What mechanisms exist for human oversight? Employers are still responsible for any discriminatory outcomes, even if the algorithm comes from an outside provider.

2. Encourage Bias Audits and Ongoing Testing

Employers should regularly test their AI tools for disparate impact—just as they would any other employment practice. We can help connect them with qualified experts and guide the interpretation of results.

3. Promote Human Involvement

AI can inform decisions, but it shouldn’t make them in a vacuum. I always recommend a final human review before any hiring decision is finalized. This protects both the candidate and the company.

4. Update Policies and Train Staff

Hiring policies must reflect this new reality. That means updating equal employment opportunity language to address algorithmic tools and training recruiters on the responsible use of technology.

5. Advocate for Candidate Rights

Transparency should go both ways. Applicants deserve to know if AI is evaluating them, and how. Companies that are proactive about disclosure and candidate support not only reduce legal exposure but build trust in their brand.

A Human-Centered Future

Despite the challenges, I believe AI offers real potential to reduce certain biases and streamline hiring—if used carefully. The key is not to reject the technology outright, but to approach it with the same diligence we apply to any employment practice. At its best, AI can help reduce subjectivity, catch inconsistencies, and surface qualified candidates who may otherwise be overlooked.

But left unchecked, it risks reinforcing the very inequalities many of us have spent our careers trying to dismantle.

As employment lawyers, we have a unique role to play—not just as legal advisors, but as stewards of fairness and advocates for a better workplace. In the age of AI hiring, that role is more vital than ever.

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