Articles on Discrimination
An example of Religous Discrimination

The first step in protecting your company is to make sure that you have an employee handbook that covers discrimination in accordance with Federal and State laws. The second step is to follow it without question, i.e., don't discriminate!

You be the judge of the following possible discrimination scenario that involves religion.

There was an employee that has been working for the XYZ Corporation for sixteen years with an excellent record. His schedule has been Wednesday through Sunday, from 8:00 am to 4:30 pm for the entire time.

The employee comes to the Manager who has been there the entire time also and asks to have their schedule changed so that they can begin attending Sunday morning services at his local Church.

The Manager asks the employee what has changed since they have been working this shift for the past fifteen years and has never requested this in the past.

The employee explained that they have just recently began going to Wednesday night bible studies, but would now like very much to attend Church services on Sunday morning with their family.

The Manager explains to the employee that he must consider the needs of the company, but will get back to him with an answer soon.

Later on that day the employee over hears the Manager talking on the telephone that the employee must have found God and now he wants the company to bend over backwards to cater to them.

The next day the Manager calls the employee into their office and explains that he is not going to be able to make the switch. The employee asks if he can take time off with or without pay to attend, and again the Manager was not able to grant the request.

Does this situation have the potential for a religious discrimination claim? Why or why not?

Does the conversation that the employee over heard play any part in this?

Does the manager asking what has changed have any bearing on this?

Would it change anything if the Manager went to a different church of the same religion?

Employers are required to reasonably accommodate the religious beliefs of employees when requested, while considering the costs to the organization in that the accommodation does not provide an unreasonable hardship.

Other considerations would be if the employee was hired to fill a very specific schedule.

However, the conversation that the employee heard could play a very big part in this situation. The statement shows a bias and could have played a part in the final decision.

Be sure to cover this in your employee manual . If you do not have one there are many inexpensive ways to have one developed for your organization. There are also sources for attorney prepared warning and termination letters that are very inexpensive.

Thank you and May God Bless You!

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