A male employee who had religious reasons for not shaking the hands of females should be assessed in light of the impact on female co-workers and customers, and on whether it would constitute harassment based on gender, an informal discussion letter from the Equal Employment Opportunity Commission Office of Legal Counsel states.

According to the letter, in assessing the potential for sex discrimination, an important question to consider is whether the employee implements his “no handshake” practice in a neutral manner or, by contrast, whether he does so in a manner that is actually hostile or demeaning to women. The extent to which the employee is developing comfortable working relationships with female co-workers, despite his “no handshake” practice, would seem highly relevant, the letter says, cautioning that the employer “should avoid accommodations that would foster sex discrimination, for example, adopting a male-only client policy for the employee, or restricting his interactions to male co-workers. If, in the future, the employee’s ‘no handshake’ practice conveys an intent to demean based on gender, ‘it is permitted and advisable for [your client] to take action to stop [the] alleged harassment before it becomes severe or pervasive….’”