Dear HR Executive,
Religious beliefs at work present a balancing act – you can’t shut off every expression of faith, but you've also got a business to run. So where do you draw the line?
Two companies recently drew it wrong, according to the EEOC and the courts.
The Vail Corp., which runs the ski resort in Vail, CO, is paying $80,000 to settle an EEOC lawsuit on behalf of a Christian employee who said her boss barred her and another Christian from discussing their beliefs with each other. He also didn’t let them listen to Christian music for fear of offending others, but let others listen to lyrics promoting violence against women.
Best bet: Don’t stop people from having courteous discussions about religion, but be alert for folks who bend the ear of the unwilling.
The EEOC sued AT&T Southwest for refusing to let two Jehovah’s Witnesses attend a religious convention. AT&T paid $1.3 million after a federal appeals court upheld a jury verdict in the workers’ favor. The employees asked for a Friday off to travel to the convention. AT&T refused, saying it would cause the company undue hardship. The courts said any hardship was minimal.
Takeaway: The law allows you to refuse a religious accommodation that would cause undue hardship. But “undue” could be tough to prove. You might be better off granting the accommodation.
Dave Clemens
Editor
HR Café Newsletter
UPCOMING AUDIO CONFERENCE: Don't miss B21’s upcoming audio conference , "Religious Accommodations: What HR Must Know to Stay Out of Court." New EEOC data shows that religious discrimination claims have doubled in the past 15 years, and the number of settlements has tripled since 1997. That won’t surprise most HR executives for two reasons: First, we’re all seeing a broader mix of religious backgrounds as workforces diversify. Second, employees have become more litigious, and they’re well aware that the law gives them the right to certain “accommodations” based on their religious beliefs. How prepared are you to deal with tricky religious accommodation issues? Our speaker, attorney Allison West, will show you best practices for handling a wide variety of religious accommodation requests.
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