Saturday Sabbath

njjel

We have a position that requires the ee to work occasionally on a Saturday. It may be 8-10 times a year. We interviewed someone who said they could not do the Saturday work because Saturday was their Sabbath. We like the applicant but must have someone to do this work (at festivals, fairs, etc.) What is the reg on this? Can we not hire the person because they are unable to work on Saturday or must we find a way to accommodate them (if we hire them)?

HRinNH

Check your NJ regulations but I believe you cannot [i]not[/i] hire them solely on this point but accommodation must be reasonable and not such that will bring undue hardship on your company.

It may be too early in the process to know but is the candidate willing to work other hours (i.e. to switch with someone or make up the time off say by working on Sunday)?

njjel

This is a one person department so there would be no one for them to switch with. That's another reason I wrote to ask. We really liked the applicant but we have to have this person be able to attend the Saturday events.

Dasher

You can not require a worker to work on a Saturday if their religion does not allow it. To do so would be discrimination based on religion. To not hire based on that reason would be the same discrimination.

If the job description clearly states that Saturday work is required for this particular job, why continue to interview someone who can not meet those requirements. They would not be qualified for this specific job would be my defense. I think.

Brother Bluto

Agreed...first and foremost was the Saturday work included in the job description...if so, that applicant should not have even applied or considered for the position to begin with.

njjel

Yes it is in the job description. however we were not aware of the applicant's religious practice until she was being interviewed. Knowing this, can we refuse to hire her based on the fact she can not fulfill the Saturday requirement without running afoul of the regs?

Brother Bluto

"Can make pre-hire inquires into an applican't availability for work on all days of the week and all shifts only if justified by business necessity (Employers cannot make pre-hire inquires in to religious practices)."

"Accommodations that should be considered include: Voluntary employee subsitutes, shift swaps, flexible scheduling, lateral transferes, changes in job assignments."

So, I guess you need to figure out two things; one, if you have to have the person work on Saturdays, then you need to inform that applicant that based on business needs you cannot accommodate, and two, if you don't have to have the person work on saturdays, then you really need to figure out how you can accommodate. Easy enough - right?