An employer must accommodate the sincerely-held religious beliefs of its employees unless the employer demonstrates that doing so would cause undue hardship for the business. Undue hardship?!? What the heck is that? And how can you make sure that your managers are prepared to address — let alone spot —…
Articles Posted in Religion
Religious accommodation required for an employee’s veganism? Maybe.
“Well, blow me down. Wimpy inspires a UK fast food chain, and all I get is this crappy can. Why I oughta…“ In anticipation of the current flu season, you decided to mandate that all employees get immunized. The problem is that one of your employees, a vegan, who won’t…
Christian employee + Ramadan bagel party = hostile work environment?
Yep, someone — represented by a licensed, practicing attorney — brought this lawsuit. ***Shakes head // Smiles // Kisses statuette of Blogga-Blogga, the goddess of HR blogging fodder. Love you, boo.*** Bagel party — whoop! whoop! — after the jump… * * * Mo bagels, mo problems. Let’s take you…
“An employee walks into a hospital wearing a Jesus lanyard…”
They can’t all begin with a priest, minister and a rabbi walking into a bar. Then again, it’s “Religious Accommodation Tuesday” here at The Employer Handbook. So, after the jump, we’ll discuss the test to determine whether an employee may lawfully don religious items at work and find out whether the…
HELP WANTED: Born-again Christians need only apply
I’m a firm believer that discussing religion (or politics) at work is a recipe for disaster. On this blog; however, if it’s employment-related, then that’s how we roll… And, after the jump, we roll into Oklahoma and discuss whether it’s ok for a lighting company to require that it’s employees…
5 takeaways from the EEOC’s new guidance on use of criminal records
Yesterday, the US Equal Employment Opportunity Commission issued updated Enforcement Guidance on employer use of arrest and conviction records in employment decisions under Title VII of the Civil Rights Act of 1964. (Title VII is the federal statute that prohibits discrimination in the workplace based on race, color, religion,…
An HR primer on handling religious-accommodation requests
Do you know what to do if an employee comes into your office asking for a shift change or some other workplace accommodation because of a sincerely-held religious belief? A short lesson from a recent federal-court decision and a few tips after the jump… * * * In Jackson v.…
Court holds mistaken discrimination is unmistakably illegal
The Americans with Disabilities Act explicitly forbids discrimination against those who are actually disabled or “regarded as” disabled. As a NJ court once recognized, “Distinguishing between actual handicaps and perceived handicaps makes no sense.” Indeed, “prejudice in the sense of a judgment or opinion formed before the facts are…
Flyer claims Chick-Fil-A asks potential hires about sexual history
Over the weekend, I read this story by Laura Hibbard at the Huffington Post about a phony job flyer handed out by two men in red blazers posing as Chick-Fil-A employees [link to video] on the campus of New York University. The phony flyer states: Remember Chick-Fil-A is a Christian…
Can one anti-Semitic email make a tenable employee bias claim?
When an employee sues his former employer alleging a religiously hostile work environment, he must prove, among other things, that he was subjected to harassment based on his religion and that the harassment was either severe or pervasive. What do you think? Is the email below from a company General…