Articles Posted in Religion

Play us in Keith Richards

Last month, the EEOC announced here that it had sued two companies, claiming that they violated federal law by failing to accommodate an employee’s religious beliefs:

According to the EEOC’s lawsuit, Beverly R. Butcher, Jr. had worked as a general inside laborer at the companies’ mine in Mannington, W.V., for over 35 years when the mining companies required employees to use a newly installed biometric hand scanner to track employee time and attendance. Butcher repeatedly told mining officials that submitting to a biometric hand scanner violated his sincerely held religious beliefs as an Evangelical Christian. He also wrote the mining superintendent and human resources manager a letter explaining the relationship between hand-scanning technology and the Mark of the Beast and antichrist discussed in the Book of Revelation of the New Testament and requesting an exemption from the hand scanning based on his religious beliefs.

Sounds like someone’s taken a page out of the Lionel Hutz playbook.

Patrice Williams is a Seventh-Day Adventist. Seventh-Day Adventists believe that the Sabbath runs from sundown Friday to sundown Saturday. Because of her sincerely-held religious beliefs, Ms. Williams requested that her employer not require her to work during the Sabbath, to which the employer allowed her to do so through a combination of swapping shifts with co-workers, using vacations days, using sick days, scheduling doctors appointments, and other means.

//www.youtube.com/watch?v=vVPG-jnehr0But, that wasn’t good enough for Ms. Williams. 

STT.pngThis week, I am on vacation. The Supreme Court didn’t get my memo. Fine. But, I’m not putting down my beer to write this post. So, you get a one-handed rundown of the two employment-law decisions the court issued yesterday. 

Pardon my typos after the jump…

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Bad Van Halen pun aside, let’s play some Skynyrd. Even Waldo agrees.

So, there was this woman in Louisiana who took a teaching position at an elementary school. You know the kind; one that operates on weekdays. And, around her start date, she asked the administration for Tuesdays off to pray and observe her Sabbath. And the administration was all like, no.

So, a month later, the teacher filed a Charge of Discrimination with the EEOC, claiming religious discrimination for failure to accommodate.

Robert Mariotti was the vice-president and secretary of the company his father founded. Not only was he a corporate officer, but Mariotti also served as a member of the board of directors, and was a shareholder who could only be fired for cause.

In 1995, Mariotti had a spiritual awakening, which he claims resulted in a resulted in “a systematic pattern of antagonism” toward him in the form of “negative, hostile and/or humiliating statements” about him and his religious affiliation. Mariotti claimed that this behavior ramped up for over a decade and, ultimately, resulted in his termination. Thereafter, he sued his former employer for religious discrimination. The company moved to dismiss the claim on the basis that a shareholder-director-officer is not an “employee” under Title VII of the Civil Rights Act of 1964 and, thus, has no standing to assert a claim for religious discrimination.

What happened you say? Well, even if you read the lede, click through for full analysis…

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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 — these issues when they arise.

Whoa, whoa, whoa. Calm down. I’ve got your back, after the jump…

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Be Like Popeye: Eat Canned Spinach!?!
“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 ingest any animal or animal by-products — especially not the microwaveable scrapple-wrapped tripe pops I keep in the lunchroom freezer — refuses to get a flu shot because it’s against her religious and philosophical beliefs.

What’s her religion, you ask? Why veganism, of course.

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 hospital worker in this case has a potential religious discrimination claim (Hint: he does).

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Born Again

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 be born-again Christians. (Hint: It’s not ok).

(If you’d rather read about the Oklahoma City Thunder and the NBA Finals, I understand).

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