In 1996 Bruce Anderson, the “Vegan Bus Driver,” gained renown when he was fired from an Orange County, California transit authority for refusing to distribute hamburger coupons as part of a promotional campaign. Anderson filed a charge of religious discrimination with the Equal Employment Opportunity Commission, which concluded that the authority violated Title VII by failing to accommodate moral and ethical beliefs that Anderson held with the strength of traditional religious views.
Articles Discussing Religious Discrimination Under Title VII Of The Civil Rights Act Of 1964.
Seventh Circuit Emphasizes Importance of Employers Grasping Religious Nature of Time-Off Requests and Properly Communicating With Employees in Order to Accommodate Appropriately
The Seventh Circuit Court of Appeal’s decision in Adeyeye v. Heartland Sweeteners, Inc.,1 reminds employers that a very broad definition of “religion” applies in Title VII religious discrimination cases. Given this broad definition, employers must be sufficiently alert to perceive, or at least to inquire about, the possible religious nature of employees’ accommodation requests – even when those requests do not contain the word religion. The Adeyeye decision also cautions employers to make careful, case-by-case determinations as to whether granting a religious accommodation would impose an undue hardship. The decision also makes it clear that an employer will not be reasonably accommodating an employee if all the employer offers is the opportunity to resign, fulfill a religious obligation, and then reapply if there happens to be an open position available.
Hospital’s Motion to Dismiss Religious Discrimination Claim Denied When Vegan Employee Refuses Mandatory Flu Shot
Many health care providers mandate certain types of shots or inoculations for their employees to reduce the risk of the spread of serious illnesses such as the flu. Hospitals and long-term care providers have increasingly taken a hard line when employees have refused to get vaccinated because some of their licensing standards require certain vaccinations. For other health care providers, it is viewed as a best practice to reduce the spread of illness and disease among the infirm and elderly. However, as some recent cases illustrate, employers need to exercise caution in taking an adverse employment action when an employee refuses to get vaccinated. For example, if an employee cannot have a flu shot or other inoculation due to a disability, this will likely preclude an employer from taking an adverse employment action against the employee.