Dawn Solowey Discusses Religious Accommodation Requests Related to 401(k) Investments in Bloomberg Law

Bloomberg Law quoted Dawn Solowey, co-chair of Seyfarth's Cultural Flashpoints task force, in its August 7 article, “Fossil Fuel-Free 401(k) Lawsuit Tests Limits of Religious Rights.” The piece examines a novel lawsuit seeking a religious accommodation related to retirement plan investment options and examines how employers are addressing increasingly complex workplace religious accommodation requests.

Solowey, discussing similar requests she has seen from employers, noted that companies have evaluated these issues “on a very individualized basis.” She explained that, in some cases, employers provide a brokerage window, while in others, they deny the request by citing ERISA or arguing that retirement funds are a voluntary benefit that do not necessarily require an accommodation.

She noted that EEOC guidance encourages employers to presume a belief is sincere unless there is objective evidence to the contrary. She emphasized that “the courts and the EEOC are very clear that a religious belief does not need to be based in organized religion, and it could be something that is idiosyncratic to a particular individual.”

The full article is available here.