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  1. #1
    Join Date
    Aug 2006
    Posts
    5

    Default Religious Discrimination

    My boss has told me I cannot have Sundays off to attend chuch... Granted if this was told to me prior to being hired back then I would have hesitated in going back to work.. Now I have been told that our General Manager does not hire anyone who cannnot work on Sundays....If I do not work the Sundays I will be fired. Can they do this to me? Any help would be greatly appreciated, it seems I am going to have to address this issue at our coporate offices but I would like a little bit of information that will help add in my defense.

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Religious Discrimination

    How long have you worked at this job? How long have you been working Sundays for this job? (Note that I'm not asking because your answers dictate the outcome of your inquiry, but because it could be helpful to know in analyzing your situation.)

  3. #3
    Join Date
    Aug 2006
    Posts
    5

    Default Re: Religious Discrimination

    I first started in August of 05- and was actually reffered the job by a member of one of my churches. When I was hired I worked morning shift Sundays for approximatley 3 months and was able to attend church after work ( although this was not the church of my choice to attend) I then placed my 2 weeks notice in Jan of 06 to tranfer to another location. Which at that location I was given Sundays off for church. I then put my 2 weeks notice in at that location in April- o6 and was rehired at the original location In May of 06- partially talking to the Boss (who does not hire people who do not work on Sunday) and discussing when I might come back as an employee, he had never discussed my work schedule with me and if I were availabel to work on Sundays. Now I have spent the past 3 months working on Sunday Mornnings. If it helps any I wait tables, and there are am shifts and Pm shifts, the only problem is the church I would like to attend starts at 5pm, which it is impossible for me to leave work in time to attend church on time.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Religious Discrimination

    So if I understand, the problem is not that you have a religious objection to working Sundays, but that you wish to be free to go to the church of your choice and your shift schedule prevents that.

    The EEOC's overview of religious discrimination, and your rights, is provided here. Given that you can work on Sunday and still worship in the religion (if not the church) of your choice, it seems a bit borderline as a discrimination case; but your boss's "no religous accommodation" rule is clearly inconsistent with the law.

    There are some people on this forum who are far more conversant with employment law than I am, so I hope one steps in to better clarify your rights under the law.

  5. #5
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Religious Discrimination

    [
    quote=prothan75] Now I have spent the past 3 months working on Sunday Mornnings.
    You work Sunday mornings. Morning is typically accepted as before 12 noon

    the only problem is the church I would like to attend starts at 5pm, which it is impossible for me to leave work in time to attend church on time.
    [/QUOTE]So you are off by noon but you cannot get to your church by 5 pm.? It takes you more than 5 hours to get to church? I think you may be asking for a bit more accomodation than is legally required. It actually sounds a bit unreasonable on your part.

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Religious Discrimination

    I believe that prothan75 was working Sunday mornings before being transferred back to the current work location, and is now being required to work Sunday evenings.

  7. #7
    Join Date
    Aug 2006
    Posts
    5

    Default Re: Religious Discrimination

    To: Aaron-
    The way a shift works on the weekends are you are required to be there at 10:00 a.m. you work until the evenning shift arrives at 4:00 p.m. and allowing time for your tables to finish and doing your check out you are out of the resturant by 5:00 p.m. or so.
    I may not have attented church in the past because of my new work schedule, but I was trying to be reasonable to the resturant hoping that after I had "paid my dues" in shifts that were not beneficial, that managment would allow for me to have my Sunday shifts off. Our scheduling is based on seniority and production, which this does not make sense to me considering that some people who are entitled to the days of their choices off, are not as productive as others who have not been with the compnay as long, and that their were other re-hires besides me that received their benefits and seniority back. I hope this makes sense.

  8. #8
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,488

    Default Re: Religious Discrimination

    An across-the-board policy that they will not hire people who cannot work on Sundays COULD be construed as a violation of Title VII. It can't do any hard to talk to the EEOC about it.

  9. #9
    Join Date
    Aug 2006
    Posts
    5

    Default Re: Religious Discrimination

    Thank you I have been doing research on-line- and trying to gather material to write a letter. I realize that my job is at risk or that I may be treated poorly by managment after this, although this is not the first time that managment has made unresonable demands of their staff, I am just tierd of being stepped on and seeing other good employees treated as poorly as I am and wish for it to stop and for someone to file a formal complaint against them in hopes that they see their managment team is unable to make rational decisions.

  10. #10
    Join Date
    Dec 2005
    Posts
    200

    Default Re: Religious Discrimination

    Your employer doesn't have to accommodate your preference to go to church on Sunday or to go to a certain church. Your religious beliefs must require that you attend church on Sunday or a specific church. You haven't indicated that your religion requires your attendance at a particular church on Sundays. Rather, you talk in terms of what you prefer. Further, your past practice of working on Sundays may work against you in establishing that you have a seriously held religious belief that prevents you from working on Sundays.

    As cbg noted, it doesn't hurt anything to talk with EEOC. However, EEOC could decide that the General Manager's practice, if true, of not hiring anyone who can't work on Sundays violates the anti-discrimination laws, but that you have not suffered illegal discrimination because your employer is not required to accommodate your preference.

    Unfortunately, you may have to choose between attending a certain church and your job.

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