Religious Discrimination During the Holiday Season: Where NYC Employers Cross the Line

The holiday season brings joy to many, but it can also create tension in the workplace when it comes to religion. From November through January, scheduling conflicts, dress code concerns, and even holiday décor can spark legal issues. For New York City employees and employers, understanding where accommodation ends and religious discrimination begins is critical.

Scheduling Conflicts and Holiday Leave

One of the most common issues during the holiday season involves time off for religious observances. While many workplaces automatically grant leave for federal holidays, such as Christmas, employees of other faiths often need time away from work for religious holidays that fall outside the federal calendar.

Under both federal law (Title VII of the Civil Rights Act) and the New York City Human Rights Law, employers are required to provide reasonable accommodations for religious observances, unless doing so would create an undue hardship. In practice, that means:

• Allowing employees to swap shifts or use vacation time for religious holidays such as Hanukkah, Diwali, or Eid.
• Considering flexible scheduling during November–January when many traditions overlap.
• Avoiding favoritism by not automatically granting some religious requests while dismissing others.

An undue hardship requires a showing of significant difficulty or expense for the business. Simply preferring not to make schedule changes is not a lawful reason to deny an employee’s request.

Dress Codes and Religious Expression

The holiday season often brings parties, formal gatherings, and themed workplace events. However, dress code enforcement can cross the line into discrimination if it prevents employees from wearing clothing or accessories associated with their faith.

Examples that raise legal concerns include:

• Prohibiting a headscarf, turban, or yarmulke at a holiday event.
• Discouraging religious jewelry while encouraging festive attire.
• Imposing dress requirements that conflict with modesty rules followed by certain employees.

Employers can set neutral dress codes, but they must be flexible enough to accommodate religious expression unless it creates a genuine safety or operational risk.

Holiday Décor and Religious Displays

Workplace décor during the holiday season can also become a source of contention. A Christmas tree in the lobby is typically viewed as secular under U.S. law, but overtly religious symbols may raise concerns, especially if other traditions are excluded.

Key considerations for employers include:

• Maintaining an inclusive workplace décor and avoiding the promotion of one faith over others.
• Allowing employees to decorate personal spaces with religious symbols as long as they don’t interfere with business operations.
• Ensuring company-sponsored events remain voluntary and respectful of diverse beliefs.

The NYC Human Rights Law emphasizes equal treatment and a workplace free from religious discrimination. Employers that privilege one tradition while marginalizing others risk crossing into unlawful territory.

What Is A Reasonable Accommodation?

The standard of reasonable accommodation means employers must take steps that enable employees to practice their faith without facing penalties at work. Examples include:

• Flexible scheduling or shift swaps for religious services.
• Adjustments to the dress code to allow religious attire.
• Providing a private space for prayer or reflection when feasible.
• Neutral décor policies that avoid endorsing one faith.

What is not required is accommodation that creates significant difficulty or expense. For instance, requiring a small business to shut down entirely on multiple religious holidays could be considered undue hardship.

Takeaway for Employees and Employers

For Employees

If you need time off or a dress code accommodation, please submit your request in writing and suggest reasonable alternatives, such as shift swaps. Keep records if your request is denied or if you experience retaliation.

For Employers

Review your policies and practices before the start of the season. Train managers on handling religious accommodations, keep décor inclusive, and create scheduling systems that don’t disadvantage one group over another.

Talk to a Religious Discrimination Lawyer in NYC

The holiday season should not mean compromising your faith or facing unequal treatment at work. If you believe your employer has denied you a reasonable accommodation, forced you into unwanted participation, or retaliated against you for speaking up, legal remedies may be available. Contact Lipsky Lowe today to speak with an experienced religious discrimination attorney in NYC.