As artificial intelligence becomes increasingly integrated into workplace operations, employers are beginning to face a new and unexpected compliance issue: employees requesting religious accommodations to avoid using AI tools.
The Emerging Issue
Recent reports have highlighted employees who claim that using artificial intelligence conflicts with their sincerely held religious beliefs. Some objections are rooted in concerns about human dignity, automation replacing human judgment, environmental impact, or broader ethical considerations that employees connect to their religious convictions. As religious leaders and organizations continue to weigh in on the societal implications of AI, employers should be prepared for an increase in accommodation requests from employees who believe AI use conflicts with their faith.
What Does the Law Require?
Under Title VII of the Civil Rights Act, employers with 15 or more employees must provide reasonable accommodations for an employee’s sincerely held religious beliefs unless doing so would create an undue hardship on the business. Importantly, courts interpret “religion” broadly. Protected beliefs may include what are thought of as “traditional” religious beliefs, but also individually held religious convictions, or other forms of what would be considered non-traditional religious beliefs. This means an employer cannot automatically dismiss an AI-related objection simply because it appears unusual or unfamiliar, or non-religious.
What Employers Should Not Do
One of the biggest mistakes employers make is evaluating whether an employee’s belief makes sense. Employers generally should not ask whether the purported religious belief is truly religious by questioning the employee’s belief system, whether the employee has a letter or certificate from their religious leader endorsing the employee’s perspective, or to prove that the employee is generally religious.
Practical Steps When an Employee Requests Exemption from the Business’s Requirement to use AI
Initially, all requests for an accommodation at work based on religious grounds should be taken seriously. Even if the request appears unusual, managers should avoid dismissing it outright. Accommodation requests involving religion should be routed through HR or legal counsel for evaluation.
The employer should then discuss which AI tools are involved, and what specifically about the AI tool conflicts with the employee’s religious beliefs. The parameters of the objection should be discussed, and the employee should be asked if he/she specific accommodations in mind (short of entirely avoiding the use of AI).
Once the employer and employee have had sufficient dialogue to discuss the employee’s request for an accommodation, and the employer understands the limitations and the employee’s request in the context of the employee’s job and the overall work environment, the employer needs to actually consider the request.
Not every accommodation will be reasonable, but employers should document their process and analysis. Employers are not required to eliminate essential job functions or create significant operational burdens. If accommodating the request would substantially impact productivity, customer service, compliance, or business operations, the employer may have grounds to deny the accommodation. The key is to conduct a thoughtful analysis rather than issuing an automatic denial.
Ultimately, whatever decision is reached must be conveyed to the employee. While only some states and localities require the decision to be provide in writing (such as in New York City), if the employer will deny the request, it would be prudent to convey the employer’s decision verbally and explain the employer’s rationale. Employees who understand that a process was followed and who are given information, in a transparent fashion, are less likely to sue and create additional challenges for the employer if their request is denied.
The Forework Perspective
Artificial intelligence is transforming the workplace, but traditional employment laws still apply. Religious accommodation obligations existed long before AI, and employers should expect those obligations to evolve alongside new technologies. If the business is leaning towards integrating AI or already heavily leans on AI, or it builds forms of AI, it should be prepared to deal with employees’ pushback on the use of such tools. Forework’s team of employment attorneys and HR professionals are here to help for those clients who utilize Forework’s Human Resources services.