San Francisco, California
London, United Kingdom
Religion-based EEOC charges have doubled in the past two years. A majority of those charges involve employees who have been denied requests to not work on certain days or to take prayer breaks during their work time. Other charges address dress code/grooming policies and the serving of alcohol.
In early November, DHL Express received several EEOC charges over the termination of 24 workers. DHL apparently changed its flexible work break schedule. That led to a conflict. Those workers allege they simply were exercising legally protected religious rights when they stopped working and took breaks to engage in silent prayer. DHL disagreed.
In this discussion, Jeff Shoskin, Partner and Employment Law Attorney with Frost Brown Todd, will review: (1) what constitutes a “religious observance and practice, as well as belief” that will trigger an employer’s accommodation duty and (2) what constitutes an “undue hardship” which relieves an employer from the accommodation requirement. As the case law reveals, sometimes the infusion of common sense into the situation will assist an employer in resolving the issue.
When & Where
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