California’s Fair Employment and Housing Act (the “FEHA”) proscribes various forms of employment discrimination, including discrimination based on religious beliefs. Among other things, the FEHA requires employers to provide a reasonable accommodation when an employee’s religious belief conflicts with their job requirements. On October 7, 2026, in Smith v. Burbank Unified School District, a three-judge panel of the California Court of Appeal held that an unpaid leave of absence can be a reasonable accommodation for employees whose religious beliefs prevent them from complying with a mandatory vaccination requirement.
Legal Background
The FEHA generally prohibits California employers with 5 or more employees from engaging in discrimination in employment decisions. Under the FEHA, employers are prohibited from discriminating against a person because of conflict between the person’s religious belief and employment requirements, unless the employer can demonstrate that it cannot reasonably accommodate the religious belief without suffering an undue hardship. Cal. Gov’t Code § 12940, subd. (l)(1).
FEHA’s implementing regulation provides that a reasonable accommodation is one that eliminates the conflict between the religious practice and the job requirement. Such accommodations may include job restructuring, job reassignment, modification of work practices, or allowing time off in an amount equal to the non-regularly scheduled time the employee has worked to avoid a conflict...
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