Court Reminds Employers That Seniority Systems Don’t Automatically Bar Religious Accommodations

March 24, 2026

What's New

A federal district court reminded employers and unions that a seniority-based collective bargaining agreement (CBA) does not automatically defeat a Title VII religious accommodation request when the CBA or workplace practice leaves room for flexibility. In De Souza v. New York, the court declined to dismiss an employee’s religious accommodation claims against a public-sector employer and union arising from a request for a Sabbath-based scheduling accommodation. The court pointed to two allegations supporting the plausibility of the claims: (1) the CBA contained undefined exceptions tied to operational needs and performance factors that could allow a scheduling exception, and (2) the employer had previously approved voluntary shift swaps, suggesting the requested accommodation might not have required breaching the seniority system.

What It Means

Seniority provisions in CBAs do not automatically create an undue hardship under Title VII. Employers and unions must evaluate whether exceptions or established practices—such as operational needs clauses or voluntary shift swaps—permit accommodations without undermining other employees’ contractual rights. Treating a seniority system as an automatic bar can increase litigation risk, particularly where the CBA’s language is ambiguous or includes discretionary exceptions. Employers and unions may both face liability when they assume collective bargaining language forecloses individualized accommodation.

What You Should Do

Employers in a unionized environment should be careful to review CBAs for exceptions, discretionary clauses, and scheduling practices that may allow accommodation, and should consult counsel before denying accommodation requests based on CBA provisions.

Employers seeking an in-depth review should consider our course Navigating the Reasonable Accommodation Process.

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