Arya Tsaddiq
New member
desertrain10;8342122 said:
Read this article and then decide if she does or does not have a case...
When does your religion legally excuse you from doing part of your job?
Can your religion legally excuse you from doing part of your job? This is one of the questions in the Kentucky County Clerk marriage certificate case. But it also arises in lots of other cases — for instance, the Muslim flight attendant who doesn’t want to serve alcohol and who filed a complaint on Tuesday with the Equal Employment Opportunity Commission over the airline’s denial of an exemption.
The question has also arisen before with regard to:
1.Nurses who had religious objections to being involved in abortions (even just to washing instruments that would be used in abortions);
2.Pacifist postal workers who had religious objections to processing draft registration forms;
3.A Jehovah’s Witness employee who had religious objections to raising a flag, which was a task assigned to him;
4.An IRS employee who had religious objections to working on tax exemption applications for organizations that promote “abortion, … homosexuality, worship of the devil, euthanasia, atheism, legalization of marijuana, immoral sexual experiments, sterilization or vasectomies, artificial contraception, and witchcraft”;
5.a philosophically vegetarian bus driver who refused to hand out hamburger coupons as part of an agency’s promotion aimed at boosting ridership;
6.and more.
And of course it arises routinely when people are fine with their job tasks, but have a religious objection to doing them on particular days (e.g., Saturdays and Fridays after sundown).
Under Title VII of the federal Civil Rights Act, both public and private employers have a duty to exempt religious employees from generally applicable work rules, so long as this won’t create an “undue hardship,” meaning more than a modest cost, on the employer. If the employees can be accommodated in a way that would let the job still get done without much burden on the employer, coworkers, and customers — for instance by switching the employee’s assignments with another employee or by otherwise slightly changing the job duties — then the employer must accommodate them. (The Muslim flight attendant I mentioned above, for instance, claims that she has always been able to work out arrangements under which the other flight attendant serves the alcohol instead of her.)
Thus, for instance, in all the cases I mentioned in the numbered list above, the religious objectors got an accommodation, whether in court or as a result of the employer’s settling a lawsuit brought by the EEOC. Likewise, the EEOC is currently litigating a case in which it claims that a trucking company must accommodate a Muslim employee’s religious objections to transporting alcohol, and the court has indeed concluded that the employer had a duty to accommodate such objections. But if the accommodation would have been quite difficult or expensive (beyond the inevitable cost that always come when rearranging tasks), then the employer wouldn’t have had to provide it.
Now I’m not saying this to praise the law, or to claim that it’s demanded by vital principles of religious principles. One can certainly argue against this approach, especially as applied to private employers, but also as applied to the government.
Read the rest here:https://www.washingtonpost.com/news...gally-excuse-you-from-doing-part-of-your-job/
Can your religion legally excuse you from doing part of your job? This is one of the questions in the Kentucky County Clerk marriage certificate case. But it also arises in lots of other cases — for instance, the Muslim flight attendant who doesn’t want to serve alcohol and who filed a complaint on Tuesday with the Equal Employment Opportunity Commission over the airline’s denial of an exemption.
The question has also arisen before with regard to:
1.Nurses who had religious objections to being involved in abortions (even just to washing instruments that would be used in abortions);
2.Pacifist postal workers who had religious objections to processing draft registration forms;
3.A Jehovah’s Witness employee who had religious objections to raising a flag, which was a task assigned to him;
4.An IRS employee who had religious objections to working on tax exemption applications for organizations that promote “abortion, … homosexuality, worship of the devil, euthanasia, atheism, legalization of marijuana, immoral sexual experiments, sterilization or vasectomies, artificial contraception, and witchcraft”;
5.a philosophically vegetarian bus driver who refused to hand out hamburger coupons as part of an agency’s promotion aimed at boosting ridership;
6.and more.
And of course it arises routinely when people are fine with their job tasks, but have a religious objection to doing them on particular days (e.g., Saturdays and Fridays after sundown).
Under Title VII of the federal Civil Rights Act, both public and private employers have a duty to exempt religious employees from generally applicable work rules, so long as this won’t create an “undue hardship,” meaning more than a modest cost, on the employer. If the employees can be accommodated in a way that would let the job still get done without much burden on the employer, coworkers, and customers — for instance by switching the employee’s assignments with another employee or by otherwise slightly changing the job duties — then the employer must accommodate them. (The Muslim flight attendant I mentioned above, for instance, claims that she has always been able to work out arrangements under which the other flight attendant serves the alcohol instead of her.)
Thus, for instance, in all the cases I mentioned in the numbered list above, the religious objectors got an accommodation, whether in court or as a result of the employer’s settling a lawsuit brought by the EEOC. Likewise, the EEOC is currently litigating a case in which it claims that a trucking company must accommodate a Muslim employee’s religious objections to transporting alcohol, and the court has indeed concluded that the employer had a duty to accommodate such objections. But if the accommodation would have been quite difficult or expensive (beyond the inevitable cost that always come when rearranging tasks), then the employer wouldn’t have had to provide it.
Now I’m not saying this to praise the law, or to claim that it’s demanded by vital principles of religious principles. One can certainly argue against this approach, especially as applied to private employers, but also as applied to the government.
Read the rest here:https://www.washingtonpost.com/news...gally-excuse-you-from-doing-part-of-your-job/
