Today marks Rosh Hashanah, the Jewish New Year and one of the holiest days of the Jewish year. But it’s a day of business to many. What should employers be doing for employees, though, that are celebrating the day? There are actually a few different ways to answer the question. The first answer, looking just at the legal obligations, is that the employer must provide an accommodation under Title VII. But that standard is different than an ADA analysis. Instead, the law requires an employer or other covered entity to reasonably accommodate an employee’s religious beliefs or practices, unless doing so would cause more than a minimal burden on the operations of the employer’s business. Thus, giving an employee a day off to observe the holiday will, in many instances, be deemed to be a reasonable accommodation to the employee. So that answers the legal obligation, but what else should an employer be doing? Well, are you e-mailing that employee on their “day off...
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