Religion is a protected class under Title VII which can be difficult to distinguish whether or not a situation is protected. While the other protected classes under Title VII may be more easily to determine violations, religion can be more situational instances that involve accommodations to be made by the employer within reason that will not create any undue hardship on the employer. This includes all aspects of religion observance and practice as well as beliefs. Employers must not use the basis of religion to decide whether to hire an applicant. Many applicants have various beliefs in religion which includes service attendance, clothing choices, tattoos, body piercings and practice.
Employers need to communicate with the employee and make proposals to come to an accommodation that will satisfy the requirement. It is the responsibility of the employee to bring to the employers attention with the proposal (Twomey, 2013, p.418).
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Scheduling conflicts can be worked through, clothing choices may be modified such as tucking in scarfs, etc. so it does not become an unsafe work environment and other visible attributes such as piercings and tattoos are acceptable as long as it does not create hardship on the company. Employers often automatically assume their customer base will take tattoos and body art as being offensive. Employers must prove it is a concern to customers and creates hardship. In the case EEOC vs. Red Robin Gourmet Burgers, Inc., Red Robin was not
