Accommodating employees religious beliefs
It also argued that it was justified in not firing the third employee because he was a “whistleblower” who reported the improper work conduct.
The judge did not find the argument compelling and pointed out that all three employees were involved in the prayer session in some manner, yet the consequences of their actions ended with different disciplinary results.
Consequently, a religious employee would be advised to have a written employment contract containing provisions for disability and severance benefits, etc.
The federal Religious Freedom Restoration Act of 1993, in broad overview, prohibits government from substantially burdening one's exercise of religion unless the government demonstrates a compelling interest and the governmental burden is the least restrictive method to address this compelling interest (42 U.
Ford Most employers recognize that they cannot ignore the religious needs of their employees.
They realize that it is necessary to work with their employees to try to accommodate their religious beliefs not only to avoid liability but to maintain a harmonious work environment.
Personal preferences in appearance such as hairstyle, clothing, or jewelry do not constitute "religion." Nutritional preferences or political affiliations are not "religion." The analysis becomes very factually specific.
In other words, it is legally possible to have a one person "religion." Courts distinguish "religion" from social, political, or ethical viewpoints."Ministerial" employees are not allowed to sue religious employers under anti-discrimination statutes, including the Americans with Disabilities Act, as decided by the U. Supreme Court in a 2012 unanimous decision (Hosanna-Tabor Evangelical Lutheran Church and School v. The teacher in question had completed a course of theological study and accepted a "call," teaching both religious and secular classes in kindergarten and the fourth grade. Supreme Court utilized this statute to limit regulations under the federal Affordable Care Act that required employers to provide health insurance coverage for some methods of contraception (Burwell v. This complex topic is beyond the scope of a brief comment.After a dispute with her employer concerning disability leave for narcolepsy, she was terminated. This comment provides a brief and incomplete educational overview of a complex topic and is not intended to provide legal advice. Note that many states have similar statutes that may include more employers or have different procedural requirements. Employees' religious beliefs and practices are entitled to "reasonable accommodation" in the workplace unless it would cause the employer an "undue hardship." Asserted claims of prohibited discrimination must typically be made to the Equal Employment Opportunity Commission (EEOC) or comparable state agency within 180 days of the discriminating event.