Religious Accommodations Regulation

1. Introduction

East Carolina University (“ECU” or “University”) is committed to equality of opportunity and nondiscrimination in employment practices and educational programs and activities. ECU prohibits unlawful discrimination and harassment based on religion as established by ECU’s Notice of Nondiscrimination Policy. Consistent with ECU’s commitments and obligations to nondiscrimination, this Regulation provides the framework for complying with Title VII of the Civil Rights Act of 1964, as amended; N.C. General Statute § 126-16, as amended; N.C. General Statute § 116-11(3a); The Code of the University of North Carolina, Chapter 100.1, Chapter I, Section 103; and any other applicable federal and state law or University policy in providing religious accommodations to students, employees, and applicants for employment.

2. Purpose

In accordance with applicable law, the University will not discriminate on the basis of religion in education and employment. Further, ECU complies with regulations promulgated by the U.S. Equal Employment Opportunity Commission under Title VII of the Civil Right Act of 1964, as amended, and the North Carolina General Statute § 116-11(3a).

ECU prohibits discrimination in employment based upon religion, which includes “all aspects of religious observance and practice, as well as belief” . Additionally, ECU may provide for excused absences for a student’s religious observances .

The University accommodates the religious observances and practices of students, employees, and applicants for employment except where such accommodation causes undue hardship for the University. As a result, ECU may deny a request for accommodation if the accommodation would result in a substantial burden to University business, taking into account all relevant factors, including the particular accommodations at issue and their practical impact in light of the nature, size and operating cost of the university.

The University prohibits retaliation against an individual who requests a religious accommodation in good faith.

3. Scope of Applicability

This Regulation applies to all University employees, applicants for employment (while they are participating in the application process), and students.

4. Definitions

• 4.1. Applicant – an individual who has expressed interest in being employed by the University by submitting requested application materials for a position of employment with the University
• 4.2. Employee – an individual employed by the University including, but not limited to: faculty members, EHRA non-faculty employees (Exempt Professional Staff and SAAO), SHRA employees, CSS employees, DMSS employees, and student employees (including graduate, professional and doctoral students, and post-doctoral scholars)
• 4.3. Student – an individual enrolled in an academic course at the University including, but not limited to, undergraduate and graduate students, whether classified as degree or non-degree seeking, as well as visiting students, medical students, dental students, professional students, and students studying abroad
• 4.4. Undue Hardship – an accommodation or action requiring significant difficulty or expense when considered in light of factors such as the University’s size, financial resources, and the nature and structure of its operation; undue hardship also refers to an accommodation that is unduly extensive, substantial, or disruptive, or one that would fundamentally alter the nature of the position

5. Religious Accommodations for Employees and Applicants for Employment

• 5.1. Employees shall request religious accommodations from their supervisor in writing at least 30 days in advance of a foreseeable need of a desired accommodation. The employee and supervisor should cooperate to determine whether a reasonable accommodation can be granted. If requested, the employee may be requested to provide documentation to support the request.
• 5.2 If the need for accommodation was unforeseeable, then the employee shall make a request for religious accommodation as soon as the need for a desired accommodation arises.
• 5.3 If an applicant for employment requests a religious accommodation, the search committee should seek guidance from the hiring supervisor to determine whether a reasonable accommodation can be granted.
• 5.4. Supervisors may contact Employee Relations in the Department for People Operations, Success, and Opportunity (POSO) for assistance with employee or applicant requests for religious accommodations.

6. Religious Accommodations for Students

• 6.1. Students shall be allowed a minimum of two excused absences each academic year for religious observances required by the faith of the student.
• 6.2. Students shall provide written notice to the faculty member for the affected class of their request for an excused absence for a religious observance in a reasonable time prior to the date of the observance. If a faculty member determines a specific minimum period of prior notice to be reasonable with regard to a class for purposes of complying with this requirement, the faculty member should communicate that to the students in the class.
• 6.3. Students shall be given the opportunity to make up tests and other work missed due to an excused absence for a religious observance.
• 6.4. Students may request a University Excused Absence (“UEA”) with the Dean of Students. The student may be required to provide documentation showing the observance occurs on the date requested.

7. Resolution and Complaint Procedures

The University provides internal procedures for the resolution of complaints alleging discrimination, harassment, or retaliation under the University’s policy and this Regulation. The process for bringing a complaint against a University employee is described in the Resolving Allegations of Discrimination Regulation.

If an individual believes that a determination regarding eligibility for an accommodation or provision of an accommodation has been reached improperly or unfairly, or that one has experienced retaliation as a result of requesting or implementing an accommodation, the individual may contact Employee Relations in the Department for POSO to seek resolution or may file a complaint with the Equal Opportunity and Title IX Unit in the Department for POSO by phone at (252) 328-6804, email EOIX@ecu.edu, or online at https://humanresources.ecu.edu/equal-opportunity-and-title-ix-concerns-complaints/.

8. Consequences of Violation of Regulation

Any member of the University community who violates any aspect of this Regulation is subject to corrective or disciplinary action, including, but not limited to, termination of employment.

9. Compliance

Should any portion of the laws, rules, or regulations that guide our policies be stayed or held invalid by a court of law, or should any law, rule, or regulation be modified or withdrawn to add, amend, or invalidate elements of our policies, the elements of our policies impacted will be deemed amended or revoked as of the publication date of the opinion or order and/or the effective date of the law, rule, or regulation.