Need advice quick...religious accommodation?

Leslie · November 2003

We have a part time position that was specifically created to cover weekends and evenings. A young man going to school transferred into the job knowing the schedule. Now he is requesting to switch the Saturday shifts for the next six months in order to observe the Jewish Sabbath with his grandparents as they snowbird (winter) in Arizona. Because of the nature of the position, the department simply cannot accommodate him. The department manager was a tad curt with his email reply of, "I may be able to reduce your hours permanently and hire someone else but that will take time."

What to do, what to do.....

Parabeagle · November 2003

I don't know that you have to go to great lengths to accommodate him. You said yourself that weekend work was an essential function of the position (indeed, the whole purpose of the position) and that the employee went into it knowing that. Unless you (or he - personally I'd make him find his own shift-switching partner) can find a willing employee to accommodate the situation, I think he's just out of luck.

lnelson · November 2003

I agree with Beagle, he was aware of the schedule has missed the Sabbath most of his employment with you. If you, the employer, agree to do so he should find another ee to switch shifts with to appease everyone. Just a suggestion.

Lisa

Whatever · November 2003

You are only required to make a reasonable accomodation. He knew the schedule. Furthermore, I read somewhere that employers have to accomodate for religious activities that are mandated by the religion and not by employees personal wishes. However, the Saturday Sabbath is mandated by the Jewish religion (however this is for 12 months a year, not six). I would not accomodate. I would also suggest that the department manager watches carefully what he e-mails.

Leslie · November 2003

My first thought when I saw the emails was to thrash the manager in private. That's still in my head. And the second is that if the Sabbath is so important to the employee why did he take the position in the first place. He has obviously missed the Sabbath for the year and a half he has been in the position. Now the grandparents are going to be here and I'm sure he wants to please them by going to Temple (he's quite young - only 21 next month). The question still stands - under those circumstances is it a religious accommodation we can or can't supply?

ray a · November 2003

I have nothing to add but my support agreeing with the others. Whatever is correct, the religious accomodation must be based a valid, verifiable reason, not an ee's whim or personal interpretation. The Sabbath is important to practicing Jews all year long, not just for 6 months. Sounds like this young man is not real committed to Jewish law, but I have to admit, that could be an unfair statement. As the others said, if weekend work is a job requirement and he knew it going into the job, then you have no need to accomodate. And yes, speak to the manager about his email etiquette.

Balloonman · November 2003

Don't bag on the manager to bad, lets face it this position is supposed to work weekends. WHile a bit abrupt if this had been a situation that accomodation may have been appropriate it could have been an issue.
I would sit down with the employee and explain that no, we cannot accomodate, and myself I would go as far as to let him know that if he calls in the day in question that I would terminate his employment, but that is me.
My $0.02 worth.
DJ The Balloonman

Don D · November 2003

Nothing really matters except your statement, and I quote, " Because of the nature of the position, the department simply cannot accommodate him." That is the answer.

hrplanet · November 2003

This sounds as if his request is a "preference" not an actual religious conviction which I believe is what the powers-that-be look at. Not something you turn on and off when family comes to town.

marc · November 2003

Here is a meangingliss tidbit (I hope). When I clicked on this topic, there were 6 replies and 66 views.

Good comments above, accomodation does not seem to be in order. Now if the young man suddenly decides the year round observance of his sabbath is important, then he should get a job that will allow that to happen. It is a bit over the top to take the job with restrictions known, and then try to manipulate a result that changes the basic job.

Leslie · November 2003

DJ, you're right - the manager is frustrated. These are obviously tought positions to sell, and when someone comes out of left field like this the tendency is to be a little abrupt. But I'll still ask him to use the right words and tone it down a bit when he speaks to the employee.

Thanks to all...I figured it that way...needed some confirmation and wording!

Have a great weekend!

Parabeagle · November 2003

Wait, Leslie. All we westerners have to meet over in HR de Har for the group hug! x;-)

Leslie · November 2003

Be right there - but have some reading to do I'm sure. Been stuck in this serious site all day!

Don D · November 2003

Leslie: You keep bringing up the manager's reply as if that's the subject. What the hell was wrong with his reply? Marc, 666 has no relevance to Jewish persons, but an astute observation nonetheless. Good eye, Cyclops.

Rockie · November 2003

Leslie: One of the requirements to make a religious accomodation is that the religion must be a sincerely held belief. Two points here: A person cannot be sincere in their religion for part of the year (when grannie and grandpops are out of town)and then suddenly expect the employer to make an accomodation when the grandparents blow into town.

Another point is that he went into the job knowing the requirements and did not ask for any type of accomodation at that time.

I see no problem with denying this.

Leslie · November 2003

Thanks all. I told the manager he could deny the request.

And Don, my problem with the manager's reply was this...if it had been a legitimate request, his knee jerk response could have appeared to be threatening the employee's job based on a request for religious accommodation. Not good!

Need advice quick...religious accommodation?

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