A collectively bargained seniority system does not automatically prevent an employer from granting a Title VII religious accommodation request, especially where the agreement or past scheduling practices allow flexibility, a recent federal court decision reminded employers and unions. In De Souza v. New York, the court declined to dismiss an employee’s religious accommodation claims against a public-sector employer and union arising from her request for a Sabbath-based scheduling accommodation.

The collective bargaining agreement (CBA) contained undefined exceptions tied to operational needs and performance factors that could allow a scheduling exception. Furthermore, the employer had previously approved voluntary shift swaps, suggesting that the requested accommodation might not have breached the seniority system.

This decision shows that seniority provisions in CBAs do not automatically create an undue hardship under Title VII. Instead, employers and unions must evaluate whether exceptions or established practices permit individualized accommodations without undermining other employees’ contractual rights.

Employers should consider registering for Navigating the Reasonable Accommodation Process, a course given by the Center for Workplace Compliance (CWC), our affiliated nonprofit membership association. CWC members can read more here.