Religious accommodation

C Wilson

We have an employee who has worked with us over a year & doesn’t work on Thursday evenings due to her religion. She was hired by a manager with whom she had worked with at another company prior to starting to work with us & he was aware of her religious requirements and always tried to accommodate her. During the past year she has worked two Thursday’s because we have needed her. However, she has refused to work this Thursday and her new manager wants to write her up. When she was hired she didn’t specify Thursdays off on her application, but since she was hired by a manager who knew her requirements, I think we should accommodate her. What is your opinion?

Whirlwind

I agree with you that you should accommodate her unless doing so would constitute an undue hardship for your business. The fact that a previous manager agreed to accommodate her tends to argue against it being an undue hardship, and the fact that the new manager didn't know about it is irrelevant unless she also has a new assignment for which the hardship assessment would be different.

System

Good advice, Whirly. And keep in mind that "undue hardship" for religious accommodation is a lot different from "undue hardship" under the ADA. According to cases I've seen, you might have to endure a pretty big disruption to accommodate a disability but not a religious practice. But it's still based on the individual situation so it's hard to tell where to draw the line.

James Sokolowski
HRhero.com

davids

I agree that you need to accommodate; but I would ask the employee to provide documentation from her church substantiating that her refusal to work Thursday evenings is based on the tenets of the religion and not just a preference. If the fact that she chooses not work Thursday evenings is based on the fact that the Church holds a social activity at that time, accommodation is not required. Even if Thursday evenings is some type of mass (or its equivalent in this employee's religion), the question is still whether or not she is required to attend to remain faithful to the teachings of the church.

C Wilson

I had to once again defend my position and I shared your advise. It was well received. Thanks!

Paul in Cannon Beach

Did you ever find out why THURSDAY nights were needed? Just curious.