3 FAM 1530
RELIGIOUS ACCOMMODATIONS
(CT:PER-1160; 10-18-2023)
(Office of Origin: S/ODI)
3 FAM 1531 POLICY
(CT:PER-1160; 10-18-2023)
(State)
(Foreign Service employees, Civil Service employees, and U.S. citizen Locally
Employed Staff)
a. Title VII of the Civil Rights Act of 1964 requires employers to reasonably accommodate religious practices unless doing so would cause an undue hardship to the employer.
b. Title VII provides a right of action for those who believe the Department has discriminated against them in their employment. Denial of a religious accommodation may be a valid basis for an EEO complaint. Additionally, an aggrieved individual may believe the Department has failed to provide such an accommodation even absent a formal denial. Aggrieved individuals may initiate the EEO process at any time per 2 FAM 1510.
c. In addition, the Religious Freedom Restoration Act (RFRA) of 1993 prohibits the federal government from “substantially burden[ing] a person’s exercise of religion” unless “application of the burden…is in furtherance of a compelling governmental interest” and “is the least restrictive means of furthering that…interest.”
d. RFRA provides a right of action to “persons whose religious exercise is substantially burdened by government.” That right of action enables a person to “obtain appropriate relief against a government.” The statute defines, a “government” as “a branch, department, agency, instrumentality, and official (or other persons acting under color of law) of the United States.”
e. Where circumstances permit an accommodation to be provided in less than the maximum time provided in this policy, the Department should endeavor to do so.
3 FAM 1532 AUTHORITY
(CT:PER-1160; 10-18-2023)
(State)
(Foreign Service employees, Civil Service employees, and U.S. citizen Locally
Employed Staff)
a. Title VII of the Civil Rights Act of 1964, as amended (Title VII) (42 U.S.C. 2000e(j))
b. Religious Freedom Restoration Act of 1993, as amended (RFRA) (42 U.S.C. 2000bb, et seq.)
3 FAM 1533 APPLICABILITY
(CT:PER-1160; 10-18-2023)
(State)
(Foreign Service employees, Civil Service employees, and U.S. citizen Locally
Employed Staff)
a. The provisions herein apply to all Foreign Service and Civil Service employees, U.S. citizen applicants for employment at the Department, and U.S. citizen Locally Employed (LE) staff.
b. Religious accommodations for non-U.S. citizen LE staff when located outside the territorial boundaries of the United States are addressed at the post level consistent with Department policy and local law (see 3 FAM 1536).
3 FAM 1534 DEFINITIONS
(CT:PER-1160; 10-18-2023)
(State)
(Foreign Service employees, Civil Service employees, and U.S. citizen Locally
Employed Staff)
Religion: The traditional, organized systems of faith, belief, and worship including, but not limited to, Christianity, Judaism, Islam, Hinduism, Sikhism, Taoism and Buddhism, as well as similar beliefs that, to some, may be new, uncommon, not part of a formal church or sect, or only held by a small number of people. Religious beliefs do not have to be in line with the official mandates of a religious organization to which the employee belongs.
Religious Accommodation: A religious accommodation is any change in the work environment or schedule (hereinafter referred to as “workplace modification”) that would remove a conflict between an employee’s religious belief and a workplace requirement. (See 3 FAM Exhibit 1530 for examples.)
Employee: For the purposes of this subchapter, an individual as provided in 3 FAM 1533(a).
Management: For the purposes of this subchapter, an individual at the lowest possible level who has the ability to change the terms, conditions, privileges, and/or benefits of employment relating to a conflict as referenced in the definition of “religious accommodation.” For the purposes of this subchapter, the term “the Department” can be thought of as synonymous with “management”.
Bureau Executive (EX) Director: For the purposes of this subchapter, an individual who is generally responsible for the management of a bureau per 1 FAM.
3 FAM 1535 PROCESS
(CT:PER-1160; 10-18-2023)
3 FAM 1535.1 Requests
(CT:PER-1160; 10-18-2023)
(State)
(Foreign Service employees, Civil Service employees, and U.S. citizen Locally
Employed Staff)
a. In requesting a religious accommodation, employees must make the Department aware of the potential conflict between the employee’s religious practice and a workplace requirement. The employee need not use any particular words such as “religious accommodation,” “RFRA,” or “Title VII.”
b. The employee should make their request to an individual who has sufficient authority and at the lowest possible level to provide, when possible, an appropriate accommodation to remove the conflict. If the employee makes a request to a member of management without such authority, such member will, based on their knowledge and acting with diligence, advise the employee of the proper route for the request and shall forward the request to such authority at the request of the employee.
c. In many cases, a request would be made to the first-line supervisor (e.g., when the request involves taking one’s accrued leave). However, there may be other circumstances where the request would instead be made to another member of management (e.g., requesting access to a room may be best routed to a General Services Officer, requesting a change to a deadline of a classroom assignment may be best routed to the relevant Foreign Service Institute instructor, etc.).
d. Employees may make requests orally or in writing. Responses from management to requests shall be in writing, which should supplement (as well as document) any oral discussions.
3 FAM 1535.2 Adjudicating Requests
(CT:PER-1160; 10-18-2023)
(State)
(Foreign Service employees, Civil Service employees, and U.S. citizen Locally
Employed Staff)
a. The Department and the employee will engage in an interactive process to determine whether the requested accommodation or an alternative accommodation can be made. Requests should be addressed as expeditiously as practicable. Cooperation, creativity, and flexibility are key to the search for a religious accommodation.
b. Religious accommodation requests are analyzed on an individual basis. Examples of some common religious accommodations are provided in 3 FAM Exhibit 1530.
c. Management should ordinarily assume that an employee’s request for religious accommodation is based in good faith. Should management have concerns, they should reach out to the relevant EX office who may consult with the Office of the Assistant Legal Adviser for Employment Law (L/EMP).
3 FAM 1535.3 Disposition of Requests
(CT:PER-1160; 10-18-2023)
(State)
(Foreign Service employees, Civil Service employees, and U.S. citizen Locally
Employed Staff)
a. Management has the authority to approve requests for religious accommodation. They can and should consult with their chain of command to attempt to find a solution at the lowest level possible.
b. Management should acknowledge requests for religious accommodations by close of business the following workday. Management – and/or their chain of command, including but not limited to the Management Officer or the Deputy Chief of Mission (overseas) or the Office Director (domestically), as appropriate – should, barring extenuating circumstances, render a decision within ten (10) calendar days. If management and their chain of command are unable to approve the request, management will refer the matter to their Bureau EX Director, with a copy to the employee.
c. Barring extenuating circumstances, the EX Director will provide a written response to the employee within ten (10) calendar days upon receipt of referral. If the EX Director does not approve the request, the EX Director will explain the reason for the denial. The explanation should be based on objective factors ascertained through the interactive process, not speculative or stereotypical assumptions. Bureau EX Directors may also delegate this authority.
3 FAM 1536 Non-U.S. Citizen LE Staff
(CT:PER-1160; 10-18-2023)
(State)
(Non-U.S. citizen Locally Employed Staff)
a. For non-U.S. citizen LE Staff, when they are outside the territorial limits of the United States, religious accommodations will be based on local law considerations, and management should consult with local counsel, as needed. See 3 FAM 7113.3.
b. Post management is encouraged to engage with non-U.S. citizen LE Staff to address religious accommodation requests at the earliest stage possible, and to maximize equity and religious inclusion for all employees.
c. Post may consult with the Bureau of Global Talent Management’s Office of Overseas Employment and their Bureau EX office but appeals of a supervisor’s decision for non-U.S. citizen LE Staff are managed at the post- or Mission-level, including the relevant LE Staff grievance policy.
3 FAM 1537 Other Matters
(CT:PER-1160; 10-18-2023)
(State)
a. Religious accommodations may include, but are not limited to, the approval of leave (annual leave or LWOP) for religious holidays or the use of special compensatory time off for religious observances per 3 FAM 3465.
b. Management has an affirmative obligation to adhere to this policy. Failure to do so may result in a consideration for discipline.
3 FAM 1538 THROUGH 1539 UNASSIGNED
3 FAM Exhibit 1530
Examples of Religious Accommodation
(CT:PER-1160; 10-18-2023)
(State Only)
(Applies to Foreign Service employees, Civil Service employees, and Locally
Employed Staff)
Religious Accommodations can include but are not limited to any of the following:
(1) Allowing flexible arrival and departure times, floating or optional holidays, flexible work breaks, use of lunch time in exchange for early departure (if legal minimum break periods are otherwise met), staggered work hours, use of annual leave or compensatory time off (see 3 FAM 3133.6), and other means to enable an employee to make up time lost due to the observance of religious practices,
(2) Switching duties or schedules with a willing volunteer with substantially similar qualifications, either for a single absence or multiple absences, including absences occurring over an extended period of time,
(3) Relieving the employee of a task, especially marginal functions, or transferring the employee to a different position or location (the employee should generally be accommodated in their current position),
(4) Making exceptions to dress/grooming requirements,
(5) Changing the date/time of a test or administration other selection procedures,
(6) Arranging use of a quiet area for prayer during break time, and/or
(7) Substituting or allowing for additional food choices at an office or representational event.