As we enter the holiday season, the question of religious expression becomes a more prominent issue as religion and holidays often go hand in hand. Title VII of the Civil Rights Act of 1964 prohibits employers from taking employment action against individuals based on his or her religion (among other protected characteristics). Employers are also required to provide reasonable accommodations, such as honoring a time off request for a religious holiday. As we near the end of the year, that means a myriad of religious holidays are on the way: Christmas, Kwanzaa, Ramadan, Hanukkah, Three King’s Day, and Winter Solstice to name a few! How do employers celebrate holidays in the office while still honoring religious expression in the workplace?

Since 2007, claims of religious discrimination in the workplace are on the rise. Coupled with personal expression, religious expression can be a tricky line to walk. From the church of body modification (participants of this religious claim body piercings and tattoos as their form of religious expression, while some may argue it is a personal expression of artistry and not religious in nature) to the Catholic church, and everything in between, religion is and always will be a sensitive subject. Of course, sensitive subjects are what HR professionals know best! So how do you protect your workplace from religious discrimination claims while still allowing for freedom of religious expression during the holidays?

It is the responsibility of the human resources department to determine and honor what a reasonable accommodation will be. It is critical for the employer to be sensitive to religious accommodation requests, and to thoroughly evaluate every request fairly and objectively, regardless of the employer’s own beliefs. On the flip side, employers must be able to identify an accommodation request that would create an undue hardship, and deny those requests. Set the bar for what is and is not reasonable in your workplace, and follow a strict guideline of those qualifications.

The only way to keep your company protected is to be fair, be consistent, and be efficient in decision-making. Here are a few tips on how to make the most of the holidays and use this time to build morale among your employees and create a team environment of celebration!

1. Make an effort to avoid religious holidays when planning deadlines for major projects. Keep in mind that vacation requests will be pouring in for this time and plan accordingly.
2. Instead of exchanging gifts, plan events that will provide a spirit of shared goodwill throughout your organization. Plan a holiday potluck and encourage employees to bring their favorite holiday dishes, or organize a canned food drive for the less fortunate, or schedule a day for employees to volunteer at a children’s hospital delivering gifts. Get creative!
3. Employees should be allowed to decorate their personal space with religious expression decorations, as long as it does not create an undue hardship on the business.
4. Workplace gift exchanges should be limited to $10 or $15 to keep the gift-giving fair and fun! Guidelines for workplace appropriate gifts should be clearly stated as well.
5. Ditch the mistletoe in the workplace – this can lead to sexual harassment or hostile work environment claims much too easily and should be avoided entirely.

Happy Holidays!