Devjani Mishra Quoted in Daily Labor Report "Religious Discrimination: Compromise Version Sought in Talks on Accommodation Bill, Advocate Says"

Devjani Mishra was quoted in the article, “Religious Discrimination: Compromise Version Sought in Talks on Accommodation Bill, Advocate Says,” which appeared in the August 12, 2008 issue of the Daily Labor Report. The article reported on the American Bar Association’s annual meeting session on issues in religious accommodation. The presenters discussed the current legal standard for the Workplace Religious Freedom Act, and also offered possible solutions and best practices. The article explained that, “The bill would amend Title VII of the 1964 Civil Rights Act to narrow the definition of undue hardship in evaluating an employer's obligation to accommodate religious beliefs, moving it toward the higher standard of accommodation required by the Americans With Disabilities Act.”

Devjani focused on a best practices approach to prepare and counsel employers in the new direction of the law. She remarked, “Employers need to work more toward the WRFA standard… Just saying it’s hardship is not enough. You need to demonstrate and document what the hardship is.” She urged employers to try to understand the employee claim and work cooperatively to help find an accommodation regime or mechanism. Devjani recommended that employers, “resist the impulse to be skeptical of beliefs, particularly if they are unfamiliar.” Her final recommendations, included: training managers; raising workplace awareness of legal rights; monitoring vigilantly for “any kind of harassment”; setting up a written process, with documented actions; and playing a more active role in suggesting accommodation.