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Report Link Existing Shift Rotation and Swap Policy for Title VII Religious Accommodation May Be Insufficient.Jackson Lewis LLP - May 01, 2008 An employer's existing shift-rotation system and voluntary shift-swap policy alone may not constitute a reasonable accommodation for employees asserting they are unable to work on certain days due to their religious beliefs, the U.S. District Court for the Western District of Pennsylvania has found in denying summary judgment for the employer under the federal Civil Rights Act of 1964. Report Link Court Rejects Terminated Worker's Religious Discrimination Suit.Ogletree Deakins - April 01, 2008 A federal appellate court recently affirmed the dismissal of a lawsuit brought by the Equal Employment Opportunity Commission (EEOC) on behalf of an employee who claimed that his employer discriminated against him because of his religion in violation of Title VII of the Civil Rights Act. According to the Fourth Circuit Court of Appeals, the employer satisfied its obligation to reasonably accommodate the worker's religious beliefs. Report Link Fourth Circuit Finds Interests of Employer and Other Employees Not Trumped by Religious Accommodation.Jackson Lewis LLP - March 13, 2008 An employer is not required to completely accommodate an employee’s religious beliefs where it would create a significant negative impact on co-workers and the employer, a federal appeals court in Richmond has held. EEOC v. Firestone Fibers & Textiles Co., No. 06-2203 (4th Cir. Feb. 11, 2008). In affirming a lower court’s granting of summary judgment, the Fourth Circuit Court of Appeals found it appropriate to consider the impact on the employer and co-workers in determining whether an accommodation of an employee’s religion is reasonable. The Fourth Circuit has jurisdiction over Maryland, North Carolina, South Carolina, Virginia, and West Virginia. Report Link Accommodating the Faithful.Fisher & Phillips, LLP - March 05, 2008 A recent case from the Eleventh Circuit reminds us that navigating the minefield of religious accommodation issues can be difficult but manageable. Cynthia Morrissette-Brown is a Seventh-Day Adventist who claimed that her employer did not reasonably accommodate her "deep religious convictions" which prevented her from working Friday or Saturday shifts. The employer ultimately prevailed by showing that it had a neutral rotating shift system and that it provided Ms. Morrissette-Brown the opportunity to swap shifts with her co-workers. Morrissette-Brown v. Mobile Infirmary Medical Center. Report Link Holiday Tips to Avoid Religious Discrimination in the Workplace (pdf).Nexsen Pruet - November 29, 2007 The end of the year and the accompanying holidays often bring requests by employees for time off for the religious observances and requests to display religious symbols at work. Report Link Accommodating Religious Beliefs In Healthcare Settings.Fisher & Phillips, LLP - November 05, 2007 In recent years, much attention to religious discrimination in the workplace has centered around Islamic religious practices. Not surprisingly, the EEOC reported seeing a spike in discrimination claims by Muslims after 9/11. In June, a federal jury in Arizona awarded a Muslim woman $288,000 after she was fired four months after the 9/11 attacks for wearing a head scarf during Ramadan. Report Link [Hospitality Labor Letter] Finding God and Skipping Work: Reasonable Accommodation of Religious EmployeesFisher & Phillips, LLP - August 09, 2007 For the most part, you've been delighted with the work of your hostess. She charms the customers at the door, handles problems with the wait staff smoothly and professionally, and best of all she's dependable as clockwork. Till now. She's found a new religion, you're not sure which one, but claims she can no longer work from sundown Friday until sundown Saturday, making her unavailable for one of your busiest periods. Can you insist that she work that time period? Can you discipline her if she refuses? What about the fact that when she hired in, she said she would be available for work seven days a week, if necessary? Report Link Religious Accommodation Requirement in Civil Rights Act No Justification for Pharmacist's Refusal.Jackson Lewis LLP - May 18, 2007 When does an employee's insistence on a religious accommodation cause his employer an "undue hardship?" Certainly when it threatens to disrupt his employer's business, the Seventh Circuit Court of Appeals answered recently, holding that a pharmacist's refusal to service in any way customers seeking to fill birth control-related prescriptions or even to refer them to another pharmacist went too far. It therefore upholds the firing of a pharmacist who lost his job after refusing to work, despite various less disruptive accommodations offered by his employer intended to meet his religious objections. Report Link Religious Practices in the Workplace (pdf).Hogan & Hartson LLP - January 26, 2006 This article discusses proposed legislation that would increase the obligations by employers to accommodate religious practices in the workplace. It also reviews what employers must do to accommodate employees' religious practices. Report Link Reconciling Title VII's Religious Protection With a Company's Diversity Policy.Rothgerber Johnson & Lyons LLP - October 06, 2004 Under Title VII, an employer may not discharge any employee because of his or her religion. Instead, the statute requires employers to reasonably accommodate the religious practices of any employee, unless such accommodation would result in undue hardship to the employer's business. Report Link Addressing the Challenge of Accommodating Religious Beliefs.Jackson Lewis LLP - October 01, 2001 Discusses Dachman v. Shalala, No. 00-1641 (4th Cir. 2001) (unpublished decision), in which the court held that Discusses Dachman v. Shalala, 2001 U.S. App. Lexis 9888 (4th Cir. May 18, 2001), in which the court held that the Food and Drug Administration did not discriminate against an Orthodox Jew when it denied her extra leave time to prepare for Sabbath beginning Friday at sundown, when the preparation could easily have been done earlier in the week.
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May 14, 2008 Littler |
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