Religious Discrimination

Wildsporty

Has anyone had any experience with a religious discrimination suit?

I interviewed 5 people for a job, we picked two and from one of them we picked the one we hired.

One of the people that was not picked went to the Human Rights commission and said we discriminated against her because she is a Hindu!

Well we do not ask religion and did not even know she was a Hindu.

Now the Human Rights commission wants to know the religious affiliation of the person we hired and of myself and our communications manager. I do not know what their religion is because I never have asked and do not wish to ask now. Isn't it a violation to ask them now? I do not think they have a right to ask me and I don't want to say because it is none of the companies business what religion I am.

We sent back a response and told them we do not know the religions of these employees because we have never asked we do not hire based on religion.

Can they force us to get this information?

Shirley

ray a

I've never dealt with this kind of an issue. It's always someone else and you read about it in various HR newsletters. I would not want to answer that kind of a question either, even if you did answer, it could be twisted against you. Sounds like this is a good case where you'll need a good labor lawyer. I would respond only to a subpeona.

System

They may. I would request the actual complaint from the charging party and see what the allegations are. The charge will basically ask you to provide certain statistical data about the make-up of your interview team, but I think your response stipulating that you do not know the religious affiliations of the others was appropriate. You will probably be asked to provide a "position statement" rebutting the charges and if there really is no substance to the charges, say so emphatically. If the investigator is reasonable, the case may not drag on too long before its dropped. If there is any eveidence that religion was discussed in the interview, you are in for a long, frustrating process ----- bless you my child (oops, better watch that kind of talk)

Paul in Cannon Beach

[font size="1" color="#FF0000"]LAST EDITED ON 03-22-06 AT 10:35AM (CST)[/font][br][br]Shirley,

I just attended a labor law conference that discussed religious discrimination in detail. E-mail me your mailing address and I will put a copy of the info in the mail for you.

I would think the burden would be on the applicant to show how she was discriminated against.

I can't see how they can demand that you divulge your own religious affiliation without presenting some type of case first that demonstrates that the ee was somehow discriminated against.

Even if you, your communications manager, and the person you hired were all Christian for example, it wouldnt prove that there had been discrimination.

Statistically, 80 percent of Americans claim "christian" as their religious affiliation so that is a statistical probability.

Besides, I've visited your office and I know that you belong to the Church of NASCAR.

Wildsporty

Paul thank you so much.

This was a real shock and truthfully I do not know the religion of people I work with, it just never is discussed and never is asked.

Thanks for sending me the information.

[email]smcallister@aimintl.com[/email]

Shirley

Whirlwind

You made a good decision in your initial reply. This thing might not go anywhere from here. But if they come back again and tell you that you have to find out this information and provide it, I would consult with a labor attorney to see if interrogatories from the Human Rights Commission have the force of a subpoena. When I have responded to these inquiries from the Human Rights Commission in my state, our attorney has advised me to respond fully.

atrimble

>I do not know what their religion is because I
>never have asked and do not wish to ask now.

If you don't want to ask your co-workers to reveal their religion, you could forward the request to them and let them respond directly to the Commission, I'd think. But having several people communicating directly with the Commission may make things sticky.

Maybe have everyone write down on a piece of paper what they are and seal their response in an envelope, then you can present the set of sealed envelopes to the Commission. I'd personally take this as evidence of how confidentially you treat the religion issue, thereby reinforcing any statements that you do not ask and do not want to know an applicant's or employee's affiliation.

Just suggestions.

Paul in Cannon Beach

I am still struggling with the idea that simply holding a certain religious belief implies discrimination.

To me it sounds like sour grapes...

atrimble

Dontcha know, Paul? Being different than a complainant in any way means that you are predisposed to discriminate against them. Because I'm white, I'm assumed to be disposed to discriminate against blacks and asians and native americans. Because I'm pagan, I apparently have to make extra effort to try not to discriminate against Jews or Christians or Buddhists or atheists. Because I'm in a committed heterosexual relationship, it's assumed that I may discriminate against homosexuals and single people. Because I'm a woman, I'm supposed to hate men...

Human Rights complaints place the accused in a guilty-until-proven-innocent situation.

WT

We had a request from EEOC to tell us the racial make-up of our work force. We asked them to provide us with a form on their letterhead asking employees to detail their racial make-up with assurance from them that we had immunity from any charges of discrimination for asking and receiving that information. We never heard anymore on that subject. I do not believe they can compel you to produce anything. The case against you is simple (and identical to the case against us at that time). I am a member of such and such group and I did not get hired. Tell the EEOC there is no substance to this charge and let it go from that.