The Title VII Liability Risk Of Changing Accommodations

Written exclusively for Chubbworks

Marriott Vacations Worldwide Corporation and Marriott Ownership Resorts, Inc. agreed to pay $175,000 and implement policy changes to resolve a federal religious discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC).

The case involved a Seventh-day Adventist sales executive who had previously been excused from working on Saturdays, her Sabbath, but later lost that accommodation after a management change.

The companies began scheduling her on Saturdays despite her repeated complaints, resulting in diminished sales, lost commissions, and her eventual resignation in 2023.

The EEOC alleged the companies violated Title VII of the Civil Rights Act of 1964 by failing to reasonably accommodate the employee's religious practices.

Under a three-year consent decree, the defendants will update religious accommodation policies at Sheraton Vacation Club properties in Florida, provide training for managers and human resources staff, post notices about employees' rights, and submit periodic reports to the EEOC regarding accommodation requests.

Source: https://www.eeoc.gov/newsroom/marriott-companies-pay-175000-eeoc-religious-discrimination-lawsuit

Commentary

In the above matter, the employer granted an accommodation for religious practices and new management ignored the accommodation.

Changing or revoking an accommodation that has already been granted poses significant loss prevention risks for employers, both legally and operationally.

Once an employee has been provided with an accommodation for a religious belief, medical condition, or disability, it often becomes part of the established terms of their employment.

Revoking or modifying that arrangement without a clear, documented justification can expose the organization to discrimination claims, retaliation allegations, and violations of federal and state law.

These claims bring not only direct financial exposure through settlements or judgments but also reputational damage, loss of employee trust, and decreased morale across the workforce.

From a loss prevention standpoint, accommodations can be periodically reviewed, not arbitrarily changed. Leadership transitions, staff realignments, or scheduling reorganizations can unintentionally disrupt established accommodations if communication and documentation are weak.

When managers make changes without consulting human resources or legal counsel, they increase the likelihood of inconsistent treatment and perception of bias. The result is often an employee grievance or legal complaint that could have been easily avoided through proactive planning and internal oversight.

Employers can mitigate these risks by maintaining centralized records of all granted accommodations and ensuring continuity during management changes. Decisions about adjusting an existing accommodation should always include a documented business rationale and direct interaction with the affected employee to explore alternative solutions.

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