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Walmart manager's Sabbath request posed undue hardship, court finds
UPDATE: February 6, 2020: In a statement provided to HR Dive, Walmart said, "We do not tolerate discrimination and we have a long-standing practice of accommodating our associates' religious beliefs and practices. We maintained all along that we had offered Mr. Hedican a reasonable accommodation and we appreciate the court affirming that. We are pleased with the ruling."
Title VII prohibits employers from discriminating against workers based on religion and requires employers to reasonably accommodate an employee's sincerely held religious beliefs unless doing so would pose an undue hardship for the employer, the U.S. Equal Employment Opportunity Commission (EEOC) says in its guidance on religious discrimination.
"An accommodation may cause undue hardship if it is costly, compromises workplace safety, decreases workplace efficiency, infringes on the rights of other employees, or requires other employees to do more than their share of potentially hazardous or burdensome work," the EEOC says. Although "undue hardship" is generally regarded as a high standard for employers to meet, the trial court concluded Walmart was able to demonstrate it. The court noted that "the loss of production that results from not replacing a worker who is unavailable due to a religious conflict can amount to undue hardship."
The court also noted that "Title VII does not require employers to deny the shift preferences of some employees in order to favor the religious needs of others" and "an accommodation that requires other employees to assume a disproportionate workload is an undue hardship as a matter of law."
While employers don't have to grant the preferred accommodation, they are expected to engage in an interactive, good-faith process to determine worker accommodations. This makes compliance training, especially for managers, a good idea.
LIBERTY HAS NO EXPIRATION DATEDemocrats wouldn't buy a clue if it was government subsidized.
Modified by TEEBONE at Tue, Feb 11, 2020, 21:23:49
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