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…
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.
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…
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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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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).
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, sex and national origin). You can read a full press release on the updated Enforcement Guidance here.
The press release includes a link to questions and answers about the EEOC’s Enforcement Guidance. However, I will summarize the most important points for employers after the jump…
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…
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 known is the fountainhead of discrimination engulfing medical disabilities which prove on examination to be . . . non-existent.”
Does the same maxim apply to workplace discrimination — a barrage of anti-semitic comments — directed at employee whom the harassers believe is Jewish, but really isn’t?
Is that unlawful?
The answer from a NJ court after the jump…
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 company. We strive to have our values reflected in our employees. Please be prepared to discuss your religion, family history, personal relationships etc. upon interviewing. Chick-Fil-A reserves the right to question, in detail, your sexual relationship history. The Bible and Chick-Fil-A, define a traditional relationship as consisting of a man and woman. Anyone living a life of sin need not apply. The Chick-Fil-A Foundation. God, Family, Tradition.
The flyer and video have since gone viral. However, Chick-Fil-A, which has a stated corporate purpose to “glorify God by being a faithful steward of all that is entrusted to us,” responded by posting on the wall of its Facebook Fan page (incidentally, 4,960,921 people “like” Chick-fil-A) that the flyer and video were BS. Given the company’s religious leanings, the comments beneath Chick-Fil-A’s status update are rather polarizing.
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 Manager severe enough for ya?
Can I just say something I shouldn’t to you here — he is SUCH A JEW! In a BAD way. He’s what gives Jews a bad name. He’s smarter. He’s better. He’s owed. He will do anything to keep from opening his wallet — right down to not eating!!!! And I am DEAD serious here!!! That’s why he expenses every single thing he can because he won’t pay anything! I have not seen him bring one single thing into this office in all the time he’s been here — period. (that he paid for) IF he does bring something in he expenses it. . .I COULDN’T say to him what I just did to you — that HE is what gives Jews a bad name!!!
Let’s see what a NJ court said, after the jump…
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