Religious Accommodation

TN HR

In defending our position against granting a request for religious accommodation, can equality in scheduling between other ee's be used? I think we have a strong case from an undue hardship standpoint in that by allowing the accommodation the company would incur the added expense of overtime and/or retraining another ee.

Should I leave it at that?

Thanks!

Gene

deniseE

When you hired this person did he/she indicate that certain religious days would be observed?

Do you make accomodations for any other ee's religious schedule?

The bottom line is that you should accomodate as long as it is reasonable and does not hamper business operations.

Have you tried to work out a compromise with the ee?

TN HR

Sorry for not providing enough background information. When we hired this individual, he had not yet converted. He has been a practicing Seventh Day Adventist and observes Saturdays as his Sabbath. Over the course of the last 3 years, we have informally accomodated him by moving him through various departments and shifts.

Unfortunately, business demands that his current department work approximately 5 hours one Saturday per month. He finds this unacceptable.

We've compromised as far as monitoring the schedule rotation so that he doesn't average more Saturdays than other ee's and allowing him to leave early enough if he needs to attend services/church functions.

The dilema is that he is steadfast about his belief not to work at all on his Sabbath.

Rockie

Several things here:

As long as the religious belief is sincerely held, then it should be accomodated. It won't fly that the other employees just don't like the fact that this guy doesn't work on Saturdays. This won't hold up as a reason in court not to accomodate. According to your post, you have "informally accomodated" him, so your company has already recognized his belief and made this religious accomodation through your past actions.

The fact that he's let off early to attend services, etc., probably isn't his issue. His issue is that he doesn't believe in working on his Sabbath.

That being said, in order not to accomodate him, you will have to show a considerable hardship on the business by not accomodating him. Could you transfer him to another area where he could be more readily accomodated without him losing anything by the transfer (salary, benefits, etc.)?
I'd tend to favor placing him in another area where he could be accomodated.

Otherwise, I don't see any alternative to accomodation if you can't show serious business liability.

deniseE

I have to agree. You've made arrangements in the past and he's been working with you on this for 3 years.

I would do as much as possible to keep him from working on saturdays... Business hardship is much greater than unhappy ee's because they work more saturdays.

Balloonman

We have an employee with a similar situation.....will not work Saturdays due to religious beliefs. We work Saturdays in construction, but no biggie. Also he will work on Sundays when needed toward the end of a job when it is crunch time, so as I see it he does his part.
My $0.02 worth!
DJ The Balloonman