HAR §12-46-154. Reasonable accommodation

(a) After an employee or prospective employee notifies the employer or other covered entity of his or her need for a religious accommodation, the employer or other covered entity shall reasonably accommodate the individual's religious practices. A refusal to accommodate is justified only when an employer or other covered entity can demonstrate that an undue hardship would result from each available alternative method of accommodation. A mere assumption that many more people, with the same religious practices as the person being accommodated, may also need accommodation is not evidence of undue hardship. (b) When there is more than one method of accommodation available which would not cause undue hardship, the commission will determine whether the accommodation offered is reasonable by examining: (1) The alternatives for accommodation considered by the employer or other covered entity; and (2) The alternatives for accommodation, if any, actually offered to the individual requiring accommodation. [Eff 12/31/90; comp ] (Auth: HRS §§368-3, 378-8) (Imp: HRS §§368-3, 378-2) §12-46-155 Alternatives for accommodating religious practices. Employees and prospective employees most frequently request an accommodation because their religious practices conflict with their work schedules or work assignments. The following alternatives are ways of accommodating the conflict between work schedules and religious practices which the commission believes the employers should consider ½6-89 ( L as part of their obligation to accommodate. These suggestions are not meant to be all-inclusive, as there are other alternatives which may reasonably accommodate an individual's religious practices. However, some alternatives for accommodating an individual's religious practices could, to varying degrees, disadvantage the individual in terms of wages, desirability of position, or career opportunities. The obligation to provide equal employment opportunity to the maximum extent possible, irrespective of religious beliefs, requires that the employer or other covered entity offer the alternative which least disadvantages the individual requesting the accommodation and does not cause undue hardship on the employer. Some examples of alternatives for accommodating religious practices are: (1) Voluntary substitutes: (A) (B) (C) Reasonable accommodation without undue hardship is possible where a voluntary substitute with substantially similar qualifications is available. The obligation to accommodate requires that employers do everything possible to facilitate the securing of a voluntary substitute with substantially similar qualifications. Some means of doing this which would not involve substantial costs are to: (i) Allow the individual seeking the accommodation to secure a substitute from co-employees; (ii) Publicize policies regarding accommodation and voluntary substitution; (iii)Promote an atmosphere in which such substitutions are favorably regarded; or (iv) Provide a central file, bulletin board, or other means for matching 46-90 r ( ( 2) voluntary substitutes with positions for which substitutes are needed. Flexible scheduling: (A) The creating of flexible work schedule is one means of providing reasonable accommodation for the religious practices of employees or prospective employees. (B) The following list is an example of areas in which flexibility might be introduced: (i) Flexible arrival and departure times; (ii) Floating or optional holidays; (iii)Flexible work breaks; (iv) Use of lunch time in exchange for early departure; (v) Staggered work hours; or (vi) Permitting an employee to make up lost time due to the observance of a religious practice. [Eff 12/31/90; comp (Auth: HRS §§368-3, 378-8) (Imp: HRS §§368-3, 378-2) §12-46-156 Payment of dues to labor organizations. Some collective bargaining agreements include a provision that each employee must join the labor organization or pay the labor organization a sum equivalent to dues. When an employee's religious practices do not permit compliance with such a provision, the labor organization shall accommodate the employee by not requiring the employee to join the organization and by permitting the employee to donate a sum equivalent to dues to a nonreligious, nonlabor related charitable organization exempt from taxation under section 501 of the Federal Internal Revenue 46-91 r ( Code. [Eff 12/31/90; comp ] (Auth: HRS §§368-3, 378-8) (Imp: HRS §§368-3, 378-2)