Dress codes, personal appearance rules, work on Saturdays and Sundays.  Are these matters that employers can regulate?

If the Workplace Religious Freedom Act passes—as many believe it will—employers would face an increased risk of EEOC charges and litigation in responding to employees' requests to vary work rules due to religious beliefs.

Perhaps.  Under existing law, accommodations for religious beliefs and practices are not required when they would impose an "undue hardship" on the employer.  Courts have interpreted this provision very favorably for employers and have not typically required employers to grant accommodations that would impose even a de minimis expense or burden.

This degree of deference to employers, however, is on the verge of change.  Congress is currently considering the Workplace Religious Freedom Act ("WRFA") as an amendment to Title VII of the Civil Rights Act of 1964.  The WRFA's religious aims have drawn the support of some groups who typically oppose expanding employment discrimination laws, causing many observers to predict the WRFA's passage.

The WRFA would accomplish the following:

• Limit "essential functions" of the job.  Specifically, an employer would not be allowed to establish as essential job functions (1) a standard dress code requirement that interferes with an employee's right to wear religious clothing, or (2) an attendance requirement that prohibits time off work to attend religious services.
• Require more workplace accommodations.  To prove an "undue hardship"—and thereby refuse an accommodation—an employer would need to show that the request would impose a "significant difficulty or expense."  A mere de minimis expense would no longer be enough to justify a refusal or failure to accommodate a religious belief.
• Create more flexible scheduling.  An employer would be required to make schedule changes or provide leave opportunities for employees to take time off for holy days or religious ceremonies.

The true scope of an employee's rights under the Workplace Religious Freedom Act would be not be clear until the EEOC has issued its regulations and courts have begun to apply the new law.  At a minimum, the Act's passage would signal increased protection for employees whose religion conflicts with work duties.