Reasonable Accommodation Guide
URGENT UPDATE
It has come to our attention that some of our United Airlines members have successfully received reasonable accommodations in lieu of completing their company’s DEI training, be that the quiz or the attestation after the quiz.
We remind any United member who may have completed the training, attested, and then had second thoughts, the Reasonable Accommodation process (RAP), protected under Title VII of the 1964 Civil Rights Act, always remains an option.
Today, we were told that some who have not previously asked for Faith-based RAPs at United have received a Help Hub notification letter asking they provide a “third party attestation.” Read the letter carefully. Although this may appear as a religious inquisition, it does not mandate a religious professional response.
In the past, a simple letter from a spouse saying, “As his wife (insert friend, spouse, brother, etc.) I attest to Joe Pilot’s sincerely held religious beliefs. I have known him for xx years (or months as EEOC Commissioner Sonderling explained that faith can be found at any time including today). Thank you for your attention to this matter”. Include signature, date and contact phone number. This approach has been very successful in the past. We are unaware of any follow-up calls or emails to the attestor.
Keep in mind, The U.S. Fifth Circuit Court of Appeals has previously stated that any religious inquiries are to be approached with a “light touch.” Additionally, UAL members may remember the transcripts published in the recent court filing whereby employees charged with judging religious sincerity admitted they were not qualified or trained to make those determination. Therefore, it is likely this is merely procedural. However, you must complete the step.
Finally, in regards to the UAL RAP process, members report that the first thing that normally happens is that one’s Help Hub submission turns from “submitted” to “suspended.” That means they are examining your request, and should not be concerning. You must continue to check often for further engagement. Including the fact that you know others have been successful in your request should not be viewed as detrimental. Likely, it is advantageous. But, as always, we suggest you seek personal legal advice as we are not attorneys.
Members from other airlines should continue to follow the First Liberty Institute guidance provided on this page.
Many of you are asking about how to deal with Diversity, Equity, and Inclusion training that violates your sincerely held religious beliefs across all our airlines. Through research, we found the First Liberty Religious Protection Kit (adjacent) which provides guidance regarding mandated training and how to request a reasonable accommodation. We know several pilots have requested and received accommodations at our member airlines; therefore, we are providing the following sample accommodation letter should you have sincerely held religious objections to your airline’s training.
Keep in mind, each airline presents this training in different formats and manners so the letter must be modified to be airline specific. Also, the more specific you can be as to which training sections or modules violate your religious beliefs and are objectionable, the more likely your accommodation will be granted. Likewise, different faiths present different objections. The information contained in the sample letter is not intended to be all-inclusive or definitive. You must be able to articulate your specific objections and beliefs. They must be foundational (sincere) and your own.
Merely being uncomfortable or having secular objections do not qualify under Title VII of the 1964 Civil Rights Act, and therefore, do not require the employer to approve a reasonable accommodation request. On the other hand, being asked to affirm a position/belief/creed that is in violation of your faith to maintain your employment/qualification is particularly troubling, especially when faced with the untenable choice of affirming this belief or lying to feed your family. This is the very essence of a crisis of conscience. Now that the Groff v. DeJoy decision is published, the “de minimis” standard is no longer on the books. While employers have an obligation to engage you to find an accommodation that works, you also have an obligation to participate fully in the process. The First Liberty Kit is an excellent resource on all these matters.
THE FOLLOWING IS MERELY PRESENTED AS A POSSIBLE SAMPLE SHOULD YOU FIND YOURSELF FACED WITH THE CRISIS OF CONSCIENCE PRESENTED BY YOUR AIRLINES’ FORCED DEI TRAINING. THIS IS, IN NO WAY, PRESENTED AS LEGAL ADVICE. AS ALWAYS, WE SUGGEST YOU CONSULT YOUR OWN LEGAL COUNSEL IN ALL MATTERS. SHOULD YOU CHOOSE TO USE THIS SAMPLE, WE ASSUME NO LIABILITY FOR ITS USE OR THE OUTCOME.