Fasting While Working: Ramadan Accommodations for Muslim Employees

For Muslims, Ramadan is a month of spirituality and reconnecting with God through fasting, giving charity, and performing extra acts of worship. Muslims abstain from consuming food and water from sunrise to sunset, put extra emphasis on performing their daily prayers on time, and strive to complete extra prayers at night. It is common for Muslims who observe this month to ask for religious accommodations at work. This year, Ramadan will begin around March 1 and end around March 30, culminating in the celebration of Eid al Fitr.[1]

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New Jersey employers are legally required to provide employees accommodations for “sincerely held religious beliefs.” Accommodations typically take the form of a change or a modification to your workplace rules or requirements that allow you to perform your job without interfering with your religious beliefs. Title VII of the Civil Rights Act of 1964 defines “religion” to include “all aspects of religious observance and practice.”

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??????????? Employers in NJ are NOT required to provide accommodations under four circumstances[2]:

1. The accommodation would be unreasonably expensive or difficult to provide;

2. The accommodation would significantly interfere with routine business operations or interferes with workplace safety; or

3. The accommodation would violate a bona fide seniority system.

4. The accommodation would make an employee unable to perform the “essential functions” of their job.

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??????????? Employers must attempt to accommodate an employee’s request for time off for religious observance to the best of their ability, as long as doing so does not pose an “undue hardship” for the employer.[3] Employers cannot unilaterally consider a request for religious accommodations an undue hardship. Both the employer and employee should discuss the request and possible resolutions in an interactive process. The conversation must be made in good faith, with both parties attempting to reach a compromise that works for everyone.

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The following are examples of requests Muslim employees might make during Ramadan:

·???????? Employees who work 9-5 could request a short break in the middle of the day to pray Dhuhr, since that prayer is time sensitive. (This usually takes the same amount of time as a smoking break.)

·???????? Employees who usually end their shift at 6 PM might ask to leave work half an hour early in order to adequately prepare for iftar (meal to break the fast).

·???????? Employees who work night shifts might ask to switch their meal time to 4 AM, so they can have a full meal closer to imsak (time to stop eating in the morning).

·???????? Employees may opt to skip work happy hours or any events involving alcohol.

·???????? Employees who typically do heavy manual labor may ask for lighter duty while fasting, or extra breaks throughout the day.

·???????? Employees who typically work in an office may ask to work from home or modify their work schedule.

·???????? Employees might ask for a little time off on Fridays during Ramadan to attend jummah (Friday sermon/prayer).

·???????? Employees may use their sick days due to fatigue, headaches, dehydration, or other sicknesses that some Muslims experience during Ramadan.

·???????? Employees might ask to utilize their paid time off or request a little more flexibility in shift schedules during the last ten days of Ramadan and to celebrate the holiday of Eid al-Fitr, which typically lasts three days.

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??????????? Some employees may already have one or more of these accommodations in place to allow for prayers or taking meals at a specific time. If an employee requests and was granted reasonable accommodations by their employer, but none of the accommodations are put into effect, then they should contact their employer and revisit the issue. If the employee requested reasonable accommodations and was denied, they can appeal the decision with their employer.

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If the employer retaliates against the employee for requesting accommodations or using the accommodations agreed upon, the employer may be in violation of both state and federal law. Retaliatory actions include (but are not limited to): threats of write-ups, suspension, or termination; disciplinary warnings (verbal or written); suspension with or without pay; decrease in pay; termination; and more. All of these adverse actions are meant to discourage employees from seeking accommodations in the workplace, and are a violation of the NJ LAD. Other violations of the NJ LAD include harassment at work by coworkers or senior employees based on your religion. This includes religious slurs and jokes that mock or taunt based on religious practices. ?

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It is important to keep in mind that not all Muslims observe Ramadan the exact same way. Some Muslims may become more active in their faith during this holy month. Just because you did not see them praying at work last month does not preclude them from wanting to (and being entitled to) pray at work this month. The easiest and most effective accommodation employers can provide for their Muslim employees is patience and understanding.

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En nuestra firma hablamos espa?ol. This blog is for informational purposes only. It does not constitute legal advice and may not reasonably be relied upon as such. If you face a legal issue, you should consult a qualified attorney for independent legal advice regarding your particular set of facts. This blog may constitute attorney advertising. This blog is not intended to communicate with anyone in a state or other jurisdiction where such a blog may fail to comply with all laws and ethical rules of that state or jurisdiction.

[1] Please note that since Muslims follow the lunar calendar, the exact date of Eid cannot be determined with precision until the night before; however, it is likely to start on March 30-31, 2025, depending on the sighting of the moon.

[2] See New Jersey Law Against Discrimination (LAD) §10:5-12, https://law.justia.com/codes/new-jersey/2022/title-10/section-10-5-12/

[3] See Groff v. DeJoy, 600 U.S. __ (2023) (The Supreme Court ruled that the employer bears the burden of demonstrating that a requested accommodation places an undue hardship in the general context of their business, and that accommodations that could merely result in other employees working overtime was not, by itself, an undue hardship.)