09/28/2026
California employers don't have to grant every religious accommodation request, but they can't reject one simply because their preferred policy is safer or easier to administer.
In Lewis-Williams v. BART, the Ninth Circuit made it clear that the right question isn't whether accommodation is inconvenient; it's whether it would impose a burden that's excessive or unjustifiable given your actual business operations. That's a harder standard to meet than most employers realize, and a significantly harder one than the old "de minimis" threshold that federal law previously applied.
What does this mean for your business?
• Treat religious and disability accommodation requests with the same rigor: individualized analysis, documented reasoning, real engagement with alternatives
• Don't rely on blanket policies or generalized safety concerns to carry the weight of a denial
• If you reject a proposed accommodation, your records need to show why it would create significant difficulty or expense, not just why you'd prefer not to do it
• A denial of the employee's preferred accommodation isn't necessarily the end of the process
If your denial letters reference policy more than they reference the employee in front of you, that's a problem worth fixing now. In this blog, Senior Counsel Cari A. Cohorn reviews what the current standards require and best practices for accommodation requests: https://workplacelegalpc.com/federal-standards-for-accommodating-religious-beliefs-becoming-more-similar-to-standards-for-accommodating-disability-california-state-law/