Must an employer accomodate a worker's religious practices?

[AlienGirl]

Suppose a company has its busiest week during the same week an important religious holiday happens, and employees are not allowed to take that day off for vacation. Is this legal?

Also, if somebody requests one day a week off for observation of their sabbath, and the company repeatedly schedules them to work that day, has the company violated the law? If the employee refuses to work that day and is therefore fired, does he or she have legal recourse?

If a company has a policy that all employees above a certain level--say, all managers--must work Saturdays, but can have Sundays off, and an observant Jewish person will never be able to become a manager because of this, is that covered under religious discrimination?

Inquiring minds want to know!

Tucker

[nothingshocksmeanymore]

1. Not if it causes undue hardship to the employer which the USSC

defined rather broadly in the late 70's by stating that even if it caused a deminimus harship to the employer, then the religious practice need not be accomodated. Prior to that time, Title VII of the Civil Rights Act did protect religious freedoms in this manner.

[AlienGirl]

4. What is considered "undue hardship?"

[nothingshocksmeanymore]

8. That's what de minimus means

even if it costs them anything, the court is essentailly ruling for the employer..all the employer hs to do is prove it would be a cost or a hardship at all and they are essentially within the law and not discriminating.

[DemBones DemBones]

2. Many Christians are required to work on Sundays, presumably legally.

But I don't know how many have fought it. I think employers should try to accomodate employees' religious holidays within reason.

[Gore1FL]

3. My job is 24/7 by 365

while there are recognized vacation days, someone is on duty all of the time. I've probably woorked more holidays in the past 1.5 decades than not.

[ronabop]

5. Hm...

IANAL, but I do own a business in AZ, and am fairly familiar with the rules.

"Suppose a company has its busiest week during the same week an important religious holiday happens, and employees are not allowed to take that day off for vacation. Is this legal?"

1. Yes, but it's a great way to get sued. It's far more financially sane to give them the time off.

"Also, if somebody requests one day a week off for observation of their sabbath, and the company repeatedly schedules them to work that day, has the company violated the law?"

That depends, if the company is discriminating against religion, it's illegal. If the company states, up front, that working on tuesdays is part of the job, it is not a violation. Also see #1.

"If the employee refuses to work that day and is therefore fired, does he or she have legal recourse?""

People who drink (or spill) coffee that is too hot have legal recourse in the US.

"If a company has a policy that all employees above a certain level--say, all managers--must work Saturdays, but can have Sundays off, and an observant Jewish person will never be able to become a manager because of this, is that covered under religious discrimination?"

Discriminating against jews is illegal. Discrimination against people who won't work Saturdays is legal. But see #1.

-Bop

[KharmaTrain]

6. These Rules Do Have Some Limits

I remember looking into this in the late 80's...at the request of a Repugnican boss...and found that certain types of businesses were covered by this law and others weren't.

For example, EMT and other government employees were covered by this law so that a community didn't find itself shorthanded on a Sunday or during Christmas if an emergency hit.

It is easy to expand that definition, which my boss did. Since his radio station had a federal license, he, too was covered by this law; meaning if someone didn't want to work due to "religious grounds" or virtually any other excuse, it was grounds that could be used to fire them (which is what he wanted to know...replace the higher paid "stooge" with a lower one...this man was ahead of his time).

It'd scare most people to talk to an employment lawyer and see how little rights a worker really has. Unions are one of the few preventions but the laws have been written to even screw the unions now.

If you're interested in finding out more, I'd call your state dept. of labor and see if they can send you the information on this topic.

[wyldwolf]

7. If I recall correctly,, there was a very long and heated thread on this

... a year or so ago.

Many people confused the concept of what is legal/illegal and what they believe is ethically and/or morally fair.

I think If I were an employer I might say upfront that certain days are busy an no regularly scheduled off time is allowed on those days during the interview process. Might even put it in writing.

But being the type of person I am, I do try to compromise and accommodate.

[elehhhhna]

9. In Texas, all bets are OFF re; workers rights, anyway.

No enforcement = no compliance.