Last week, the Equal Employment Opportunity Commission announced the settlement of a Title VII claim against a national restaurant corporation that involved alleged failure to hire an applicant because of her religious-based dress. The EEOC claimed that the applicant was rejected because she wore long skirts, which the restaurant manager viewed as inconsistent with the image that the restaurant wanted to project. The company agreed to pay $47,000 and provide training to managers regarding their obligations under federal law.

With the change in presidential administrations, the EEOC has emphasized enforcement of claims involving employees' religious practices. When combined with a previous Supreme Court decision raising the standard for accommodating religious beliefs, employers are increasingly vulnerable to claims that they failed to provide legally mandated modifications to their policies and procedures.

In this case, the employer would have had a difficult task showing an undue hardship from the applicant’s wearing long skirts at work. Coworker reactions to the accommodation and customer preferences generally do not provide grounds for rejecting the accommodation request. Despite the restaurant’s desire to create a certain atmosphere and market this to its customers, the EEOC will expect employers to make exceptions for employee religious practices absent significant costs, safety issues, or decreased workplace efficiency.

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