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  1. #1
    Join Date
    May 2008
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    2

    Default Not Hired Because Of Church Attendance

    My question involves labor and employment law for the state of: California

    I have been trying to get a job in California. I applied to several major home improvement chains where I was told that they really needed someone with my qualifications and they wanted to hire me.

    When I told them that I was a person of faith and that I had church on Sunday mornings, they then said that they couldn't even consider me unless I was willing to change that.

    Is this considered religious discrimination? Is there anything I can do about it?

    Thanks,
    VanOrsdel

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Not Hired Because Of Church In California?

    Welcome to retail, where Sunday availability is required.

    Were you told you needed to not be religious, or were you told you needed to have Sunday availability?

    If you tell a prospective employer that you are absolutely not available to work at all on a day that the open position requires availability for, they're not going to be interested in you.

    Sunday is the busiest day of the week for chains like Lowe's, Home Depot, Menard's and such. Every manager is going to look at someone who is not available to work on the busiest day of the week and see someone who is just going to make scheduling a bigger Hell than it already is.

    Is this religious discrimination? Living in a retail household, I'm inclined to say No. You can read the EEOC's Fact's About Religious Discrimination and draw your own conclusions.

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Not Hired Because Of Church Attendance

    Quote Quoting Ryvo
    View Post
    When I told them that I was a person of faith and that I had church on Sunday mornings, they then said that they couldn't even consider me unless I was willing to change that.
    How is your religion coming up? Is it something you're being asked about, or something you're volunteering?

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Not Hired Because Of Church Attendance

    If you are not being hired because you are Catholic, or Lutheran, or Methodist, or Baptist, or whatever, that's illegal.

    If you are not being hired because the job requires that you be available for work Sunday mornings and you are not, that's not illegal.

  5. #5
    Join Date
    Dec 2005
    Posts
    200

    Default Re: Not Hired Because Of Church Attendance

    If your sincerely held religious beliefs - not your preference - require that you attend church on Sunday mornings, an employer is required to accommodate your religious belief, unless to do so would be an undue hardship. It's hard for me to believe that a major home improvement chain with its staffing wouldn't be able to adjust your work hours to let you attend church on Sundays.

    However, your statement may be coming across to hiring interviewers as your preference to attend church on Sundays, not as a religious requirement.

  6. #6
    Join Date
    May 2008
    Location
    VA
    Posts
    2

    Default Re: Not Hired Because Of Church Attendance

    I worked for Lowe's. I told them that I wanted to go to church on Sunday.What I did was go go in late and work till close. My schedule was the same - e v e r y Sunday; 2 to close, no questions asked.

    I believe you have to be granted this request but you have to regularly attend services As far as not working ON Sunday, I also think it is the law that you have to be given your choice of a day of worship.

    Anybody want to add to this!

  7. #7
    Join Date
    Dec 2005
    Posts
    200

    Default Re: Not Hired Because Of Church Attendance

    Quote Quoting bh2664
    View Post
    I worked for Lowe's. I told them that I wanted to go to church on Sunday.What I did was go go in late and work till close. My schedule was the same - e v e r y Sunday; 2 to close, no questions asked.

    I believe you have to be granted this request but you have to regularly attend services As far as not working ON Sunday, I also think it is the law that you have to be given your choice of a day of worship.

    Anybody want to add to this!
    The primary statute that governs religious discrimination accommodation is the federal Title VII of the Civil Rights Act. I stated the requirements of that statute in my prior post.

    Under Title VII an employer does not have to adjust an employer's schedule simply because the employee wants to go to church or otherwise worship at a particular time or day. An employer must attempt to accommodate a sincerely held religious belief to attend church at a certain time or day, only if it can do so without undue hardship.

    It's my understanding that CA EEO law takes the same approach.

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