You may eagerly look forward to Sunday as part of your anticipated weekend, but it’s actually not the end of the week, but the beginning, according to the calendar.
Sunday is a day for religious practice for many Christians, while many businesses close their doors earlier or choose not to open at all.
However, is an employee protected if he or she declines to work Sunday, Saturday, or another day because of religious beliefs?
In one recent case, the Indiana Civil Rights Commission (ICRC) announced biotech giant Beckman Coulter Inc. had been charged with religious discrimination by denying an employee a religious accommodation.
“There is probable cause to believe Beckman Coulter Inc. denied an employee a religious accommodation and treated him less favorably because of his gender in violation of the Indiana Civil Rights Law” said the ICRC.
According to the ICRC, the employee’s work schedule was changed, creating a conflict with his duties as a worship leader for Calvary Apostolic Church. During the same time period, a female employee at Beckman Coulter had her request for a flexible schedule to accommodate her educational goals granted.
Brad Meadows, deputy director of the ICRC, said religion is a protected class under the Indiana Civil Rights Law.
“The company should have a policy in place to request accommodation because it isn’t the responsibility of the company to automatically be aware of their employee’s religious beliefs,” said Meadows.
Charlotte Cover, associate at Gibson Associate Law Firm and representative of the Christian Law Association, said employees should notify their employer of their religious beliefs in writing, and keep a copy because employers aren’t required to keep documentation on file.
“The employer and employee must work together to find reasonable accommodation so the employer can continue their business and the employee’s religious rights are protected,” she said.
“If the worker is told their religious beliefs cannot be accommodated or they will be fired, demoted or receive lower wages, from there the employee can file a complaint. They will receive a ‘right to sue’ letter and can decide to file a lawsuit or not.”
On the federal level, the Workplace Religious Freedom Act has been under consideration for some time and was reintroduced in 2012. However, the American Civil Liberties Union argued the bill was “poorly written” and stated the act would impose heavier workloads on the co-workers of an employee with a religious accommodation. The act still hasn’t been passed.
“Many people request Sundays off or find they aren’t able to wear a specific clothing because it doesn’t fit the uniform standard. All of those things should be allowed by the employer as long as it is reasonable and doesn’t provide hardship to the employer,” commented Meadows.
“We found that employees want Sundays off and there is often jealousy between co-workers because regardless if they have religious beliefs or not, they still want Sundays off as well.”
Meadows recommends employees be upfront with an employer about their accommodations as soon as they are hired.
“If it’s something (a religious belief) that will keep them from doing one of the major requirements of the job, it may be in their best interest to be open and honest,” said Meadows.
Workplace rights your employer might not tell you
- Your employer can’t withhold your paycheck for poor performance
- You must receive your paycheck promptly
- Whether you’re eligible for overtime pay isn’t up to your employer; the government decides
- Your employer cannot ask, require, or even allow you to work off the clock. (If you’re a non-exempt employee)
- Your employer can’t stop you from discussing your salary with your co-workers
Source: usnews.com
