Discrimination - Religion

centre07 · January 2004

I work for a state judicial system. We have scheduled interviews for capital case attorney on a Saturday, because the judges have court Monday through Friday. One candidate declined to be interviewed on Saturday for religous purposes. While it is rare that court would be convened on a Saturday, it is a possibility. As an employer I think we could accomodate, but as a prospective employer, do we have to accomodate by scheduling the interview some time other than a Saturday? The candidate did not request accomodation. Thanks.

Shadowfax · January 2004

I thnk he has asked for an accomodation just by telling you the problem with a Sat interview. Certainly your judges ought to bne more sensitive and knowledgeable about these issues than the rest of us. You're looking to hire what I would view as someone with an acute liberal-activist bias, and he/she will certainly be sensiti ve to the accomodation issue. If Sat work is no problem, and this guy is on the short list to interview, what's the problem?

deniseE · January 2004

I agree with Shadowfax...the request for another interview day may not have been direct, but it was there.

Since you've made the interview offer, I would arrange another time.

If he is Jewish, remember that Sabbath begins at sundown--so a 7PM interview will likely not solve the problem. Perhaps he can suggest some other options and see what works with the Judges calendars.

Rockie · January 2004

I guess I'm a little confused. Was this person interviewing for a job and he was unwilling to come in on a Saturday for an interview? If I am reading this correctly, then what happens if he is hired as an attorney and court convenes on a Saturday? Also, is an interview considered "work" on the Sabbath?

scottorr · January 2004

Be careful Rockie, they didn't refuse, they requested another day....perhaps Sunday oh wait isn't that also considered a Holy day. What happens if you hire an attorney who refuses to work on a Sunday for religious reasons and potentionally would have to work on a Sunday. It doesn't matter how you obtained the knowledge of an applicants religion, if you don't hire for that reason you are in violation unless it causes an undo hardship.

Pork · January 2004

CENTRE07: I for one would see you starting the whole placement action on a wrong foot. Your judges are willing to interview on a Sat, the individual has declined to interview, I would tell the individual that we will call upon his resume for the next time we do interviews on any day other than saturday.

Let's not make a mountain out of a mole hill or give breath to an undeveloped monster! The interviewee has very little room in my world to make the call for when I am going to haul out my management team to take a look at a person that I feel will fit. Spanky your wrist, are you in charge or is the interviewee in charge. Hire the guy/girl and you may be living a life of regret for making adjustments to your already busy working world for the interview in which you then must adjust your world of work and schedule for a religious discrimination issue that you bought when you allowed him/her to interview at some other time.

I stress "I feel", no one gets beyond me, if I know there is no fit! Be the professional HR and make the call!

You can make the call that someone's written resume or verbal initial interview is not going to make a match and stop the process in its track.

Good Luck! PORK

LV · January 2004

This is not directed to you but some people in HR scare me. I believe that is why there are so many employment discrimination cases filed against companies. Bottom line, I would accomodate this person's request unless it would cause an undue hardship to your business. This shouldn't be a big deal.

Parabeagle · January 2004

While it is rare that court would be
>convened on a Saturday, it is a possibility. As
>an employer I think we could accomodate...

I think you've just answered your own question. You admit that you are probably capable of accommodating his inability to work on Saturday, and you admit that convening on Saturday is rare. Now, if you find yourself in the position of needing him on a Saturday and no other accommodation is available, you've just had your circumstances rise to the level of "undue hardship" and you wouldn't need to honor his request.

Save yourself a headache. Accommodate the request for an alternate interview if you are able to. If he is the right candidate and is hired, deal with the "rare" situation when it comes up.

Discrimination - Religion

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