December is one of the most religiously diverse months of the year in Michigan workplaces. While many employees celebrate Christmas, others observe Hanukkah, Advent, Yule, Feast Days, Bodhi Day, or other deeply rooted traditions. With holiday rushes, end-of-year staffing demands, and workplace events, this month often creates conflict for employees whose faith practices don’t align with standard workplace expectations.

Holiday scheduling pressures, themed dress codes, and mandatory celebrations can put workers in difficult positions—especially if employers assume everyone celebrates the same way. But under Title VII of the Civil Rights Act, Michigan’s Elliott-Larsen Civil Rights Act (ELCRA), and the Supreme Court’s recent Groff decision, employees have the right to reasonable accommodation for religious observances. And during high-conflict periods like December, those rights matter more than ever.

Scheduling Accommodations During December

Time Off for Religious Holidays

Employees often need time off to observe:

• Hanukkah
• Advent
• Yule/Winter Solstice
• Feast Days
• Bodhi Day
• Other faith-specific December observances

Under federal and Michigan law, your employer must reasonably accommodate these requests unless they can show a substantial increased cost—a far higher standard after Groff.

Notice Requirements

Most employers can require reasonable advance notice. To strengthen your request:

• Submit it in writing
• State the date and observance
• Explain the conflict
• Suggest alternatives (shift swaps, PTO, unpaid leave)

Once notified, the employer must explore available accommodations—not simply say “we’re too busy.”

Shift Swaps & Flexible Scheduling

After Groff, employers must consider:

• Shift swaps
• Adjusted start/end times
• Reassigning non-essential tasks
• Using volunteers for coverage

They cannot:

• Prioritize majority-faith holidays (e.g., Christmas) over minority-faith observances
• Claim “minor inconvenience” as a hardship
• Deny swaps just because they’ve “never done it before”

Fair scheduling must apply equally across all religious backgrounds.

Avoiding Forced Attendance at Non-Religious or Religious Activities

December brings:

• Holiday parties
• Gift exchanges
• Decoration events
• “Secret Santa”
• Holiday-themed meetings or outings

Employees cannot be forced to attend or participate in activities that conflict with their faith or moral beliefs.

Examples:

• Refusing to participate in Santa-themed events for religious reasons
• Skipping parties serving alcohol for faith-based reasons
• Avoiding symbolism (songs, rituals, décor) tied to other religions

If attendance is optional in practice, it must be optional in reality—without retaliation or penalties.

What Employers Cannot Do

Employers in Michigan cannot:

• Deny religious accommodation requests because they prefer majority-faith holidays
• Penalize employees for asking for time off for religious observances
• Prioritize secular holiday events (like gift exchanges or parties) over religious needs
• Retaliate when an employee declines participation in December celebrations
• Claim “coworker annoyance” or “scheduling disruption” as hardship without evidence

These actions violate both Title VII and ELCRA.

Dress, Clothing, and Grooming Accommodations in December

Religious Head Coverings

Employees may need to wear:

• Hijabs
• Turbans
• Yarmulkes
• Veils
• Religious scarves

Cold-weather adaptations—like thicker materials, ear coverings, or layered scarves—are also permitted as long as they do not conflict with legitimate safety requirements.

Modest Clothing Needs

Many employees require:

• Long skirts
• Loose-fitting tops
• High-neck or long-sleeve garments
• Extra layers for modesty

These needs don’t disappear in December, even if the workplace introduces themed attire like:

• Matching holiday sweaters
• Red-and-green color schemes
• “Elf” or costume-based apparel

Employers must accommodate modesty-based restrictions.

Religious Grooming Practices

Some faiths require:

• Beards
• Uncut hair
• Specific grooming or shaving restrictions

Employers must allow these unless they can prove a real safety risk—something more serious than “company image” concerns.

When Dress Codes and Safety Policies Can Limit Accommodations

There are limited situations where accommodations may be restricted, typically involving:

• Machinery entanglement risks
• Sanitation standards in food handling
• Fire safety regulations
• PPE requirements

However, employers must explore alternatives, such as:

• Flame-resistant hijabs
• Beard nets
• Modified PPE
• Alternative protective gear

They cannot deny a request without proposing options.

Employer Missteps to Watch For

Common illegal employer actions include:

• Forcing employees to wear “holiday uniforms” that conflict with religious dress
• Enforcing themed apparel rules that violate modesty requirements
• Rejecting head coverings without evaluating alternatives
• Citing “customer preference” as a reason to deny accommodation
• Allowing Christmas-themed clothing but denying faith-based equivalents

These are red flags—and often violations of both Title VII and ELCRA.

Observance-Related Accommodations

Prayer Times & Breaks

December’s shorter daylight hours can create conflicts for employees whose faith requires prayer at specific times—particularly sunset or evening observances.

Employers must reasonably allow:

• Adjusted break times for sunset prayers
• Brief private prayer breaks throughout the workday
• Flexibility during multi-day religious observances
• Quiet space where possible (even a private corner, unused room, or office)

Short, predictable breaks rarely pose a hardship—and under Groff, employers must show real evidence before denying these accommodations.

Fasting or Dietary Restrictions at Company Events

Many December holidays involve fasting, abstaining from certain foods, or consuming specific meals.

Employers should:

• Respect fasting employees at catered events
• Offer alternative food options (or allow employees to bring their own)
• Avoid pressuring employees to participate in meals
• Provide quiet space or modified duties to support fasting rituals when necessary

Catering convenience is not a valid reason to deny accommodation.

Remote or Modified Participation

When activities are non-essential to an employee’s job duties, employers should consider:

• Allowing the employee to skip the event
• Virtual attendance for required components
• Alternative assignments during the event
• Substituting participation with regular duties

Under Groff, employers must meaningfully explore alternatives rather than defaulting to “everyone must attend.”

The Legal Framework: What Employers Must Do Under Michigan and Federal Law

Title VII Requirements

Under federal law, employers must:

• Provide reasonable accommodations for sincerely held religious beliefs
• Avoid discrimination in scheduling, dress, grooming, or job duties
• Engage in dialogue to find workable alternatives

The Groff Standard Applies

Employers can only deny accommodations by proving a substantial increased cost—something far more demanding than the old “more than de minimis” test.

Michigan’s Elliott-Larsen Civil Rights Act (ELCRA)

Michigan’s ELCRA provides strong protection against:

• Religious discrimination
• Unequal enforcement of dress codes or work rules
• Biased scheduling
• Harassment or retaliation related to observances

ELCRA often makes it easier for employees to challenge unfair treatment because it applies broadly to workplace conditions and discipline.

The Interactive Process

Both federal law and ELCRA require employers to:

• Discuss the accommodation request with the employee
• Ask limited, respectful questions if needed
• Explore reasonable alternatives
• Document the decision-making process

Employers cannot:

• Ignore your request
• Delay for weeks
• Reject the request without explanation
• Rely on assumptions or coworker complaints

Failure to engage in the interactive process is itself a form of discrimination.

What Employers Can—and Cannot—Ask

Employers can ask:

• For clarification about the conflict between your job duty and your belief
• For reasonable advance notice

Employers cannot:

• Demand a clergy letter
• Ask you to prove your religion is “official”
• Question the validity or sincerity of your faith beyond basic clarification
• Retaliate for requesting accommodation

Retaliation includes schedule cuts, hostility, write-ups, exclusion from bonuses, or sudden performance concerns.

How to Document Your Case

If an employer refuses your request or retaliates, documentation is the key to winning a Michigan religious accommodation or discrimination claim.

Keep written copies of accommodation requests

Save emails, forms, Teams messages, and HR communications.

Save emails, texts, or calendar entries showing conflicts

These provide a timeline that the law heavily relies on.

Record retaliatory behavior

Write down dates, names, and what occurred.

Collect policies and past practices

If the employer made exceptions for others—even for non-religious reasons—that is powerful comparator evidence.

Comparators: how others are treated in December

If non-religious employees get schedule flexibility but religious employees don’t, that’s discrimination.

Performance records proving no legitimate work issue

Save positive evaluations, praise, and productivity reports.

Don’t Let December Jeopardize Your Rights—Get the Protection You Deserve

December brings more religious accommodation conflicts than any other month—and Michigan employees must know that the law is firmly on their side. Whether you observe Christmas, Hanukkah, Yule, Advent, Bodhi Day, Feast Days, or any other tradition, your right to practice your faith does not take a backseat to workplace holiday chaos.

Contact Batey Law Firm, PLLC

If your employer denied your request, retaliated after you asked for time off, or refused to accommodate your religious dress or observances this December, Batey Law Firm can help. Scott Batey has been defending Michigan employees for nearly 30 years—because Batey Law is Employment Law.

30200 Telegraph Rd., Suite 400
Bingham Farms, MI 48025

📞 248-540-6800

📧 sbatey@bateylaw.com
🌐 www.bateylaw.com