EEOC guidance on religious accommodations gives Big Lots workers protections

Why this matters at Big Lots

At Big Lots, where bankruptcy pressure and store closures have made every shift feel less predictable, religious accommodation is not a courtesy. It is a workplace right that can affect when you work, how you dress, and when you step away for prayer. The Equal Employment Opportunity Commission says employers must reasonably accommodate sincerely held religious beliefs, practices, or observances unless doing so would create an undue hardship.

That matters in a chain that filed for Chapter 11 bankruptcy on Sept. 9, 2024, later agreed to a sale to Nexus Capital Management for about $760 million, and then moved toward closing all remaining stores in December 2024 after the restructuring collapsed. In that kind of environment, workers can face tighter staffing, shifting schedules, and more pressure to accept whatever management assigns. The law still requires an individual review of the request, not a reflexive no.

What the EEOC requires, in plain terms

The EEOC’s guidance is built around a simple rule: if your religious belief, practice, or observance conflicts with work, your employer has to consider a reasonable fix unless the business can show undue hardship. The Supreme Court’s Groff v. DeJoy decision raised the bar on that defense, making clear that an employer needs a burden that is substantial in the overall context of the business, not just a minor inconvenience.

The agency also makes three points workers should know immediately. First, you do not need special words or a written form to trigger the duty to consider accommodation. Second, your employer may not retaliate because you asked. Third, customer preference or coworker annoyance is not a valid reason by itself to deny the request.

Schedule conflicts: when Sabbath observance or prayer times collide with retail staffing

This is the issue most Big Lots workers will recognize first. If a Friday evening shift, Sunday opening, or split schedule conflicts with Sabbath observance, a holy day, or a daily prayer practice, the EEOC says employers should talk through options such as schedule changes, voluntary shift swaps, or reassignment.

For workers, the strongest requests are specific. Say which days or hours conflict, explain the religious practice involved, and name the adjustment that would solve the problem. For managers, the right move is to discuss options case by case rather than treating the request like a favor that can be denied because the store is busy or short-handed.

What to ask for

• A consistent schedule that avoids the conflict • A shift swap with another associate • A voluntary shift substitution arrangement • A job reassignment if the conflict cannot be fixed another way

How to document it

• Note the date and time you raised the issue • Keep a copy of any email, text, or schedule note • Write down who you spoke with and what they said • If the request is verbal, follow up in writing so the record is clear

The EEOC says infrequent overtime payments to employees who substitute shifts do not, by themselves, create undue hardship. That detail matters in retail, where managers sometimes overstate the cost of a swap or a one-off change.

Dress and grooming rules: head coverings, facial hair, and other religious practices

Big Lots workers can run into religious conflict not just on the schedule, but on the sales floor. The EEOC says employers generally must allow exceptions to dress and grooming rules when those rules interfere with sincerely held religious practices. That includes examples such as hijabs, Sikh turbans, skullcaps, uncut hair and beards, dreadlocks, and peyes.

This is where some employers hide behind “image” or a vague idea of consistency. The EEOC’s guidance cuts against that instinct. A company cannot deny a request just because a customer might react badly, and it cannot segregate a worker away from customer contact because of actual or feared customer preference.

What to ask for

• A religious exception to a hat, hair, or shaving rule • Permission to wear a hijab, turban, skullcap, or other religious garb • An accommodation that lets you meet safety or uniform requirements without violating your faith • A written explanation if management says no

How to document it

• Photograph the dress or grooming rule if it is posted • Save any handbook language or uniform policy • Write down how your practice conflicts with the rule • Keep copies of any manager messages about “appearance,” “brand,” or “customer concerns”

If the answer is no, ask the employer to explain the business reason in writing. The EEOC says the decision should be made individually, not by applying a broad assumption that all religious dress looks unprofessional or upsets shoppers.

Prayer and break timing: small adjustments that can make the difference

For many retail workers, the hardest conflict is not a full shift but the timing of breaks. Daily prayer, a midday observance, or a religious meal schedule may require a short and predictable window away from the floor. The EEOC says break timing can be part of a religious accommodation, and the request should be considered in context.

This is where managers often underestimate the issue. A five-minute prayer break or a shift in lunch timing can seem minor, but for the worker it may be the difference between keeping the job and violating a core practice. The law does not require the employer to agree automatically, but it does require a real conversation about workable options.

What to ask for

• A predictable prayer break at a specific time • A temporary break adjustment during religious observance periods • Permission to step away without discipline if coverage allows • A rotation or coverage plan that lets the floor keep moving

How to document it

• Note the religious timing conflict in plain language • Keep a log of missed breaks or denials • Save any schedule changes that were offered or rejected • Record whether managers gave a reason tied to business operations or just said no

If the request is denied, ask whether another worker can cover, whether the timing can shift, or whether a different role during that window would work. The EEOC expects employers to discuss available options, not stop at the first obstacle.

What Big Lots workers should do next

The safest way to make a religious accommodation request is to be clear, calm, and specific. Explain the religious conflict, name the adjustment that would solve it, and keep a record of every conversation. If a manager pushes back, ask for the business reason, because the law turns on actual hardship to the company, not coworker grumbling or customer discomfort.

For Big Lots workers, that right matters even more in a company that has already been through bankruptcy, store closures, and liquidation pressure. In a fragile retail environment, the temptation is to treat every request as a staffing problem. The EEOC guidance says that is not enough.