Thursday, November 29, 2012

Religion in the workplace: a constitutional right


We frequently receive questions regarding employers’ obligation to accommodate religion in the workplace—particularly as it deals with Sabbath observance. The following outlines important information that every employer should understand about Sabbath observance and the workplace:

  • The Equal Employment Opportunity Commission has recognized that a claim to Sabbath work restriction may be brought by an individual based on his personal belief, even if he is not a member of any established group with rules about Sabbath work.
  • Courts recognize that businesses activities may regularly involve Saturday and Sunday work. In these circumstances companies may be required to provide scheduling and/or unpaid leave accommodations.
  • To be entitled to accommodation, an employee must make known his religious obligations to his employer and be reasonable in considering his employer’s good faith efforts to accommodate.
  • An employee’s request must be based on religious observances, not on optional activities or convenience. Nevertheless, the law protects more than the observance of strictly mandated activities. For example, the law requires accommodation to attend a bar mitzvah, but does not require accommodation to allow an employee to prepare for a church social activity.
  • The EEOC and several federal circuit courts have determined that an employer satisfies the duty of reasonable accommodation of a Sabbath or holiday request when it allows an employee to exercise a right to seek job transfers or shift changes with coworkers. However, where the employee’s religious objections include the view that to induce another employee to work in his stead on the Sabbath would be wrong, such trading opportunities would not satisfy the reasonable accommodation requirement.
  • Employers are not required to make accommodation if that accommodation would result in an undue hardship on the conduct of their business. Factors in considering whether a requested accommodation will constitute an undue hardship include the size of the employer, the nature of the employer’s business, the type of accommodation required, the cost of the accommodation, whether the employee provided reasonable notice to the employer of the desired accommodation, and the composition and structure of the workforce.

Strategic planning: your roadmap to the future

Strategic planning is an integral management tool. To succeed in today’s chaotic business environment, the executive team must understand and adopt strategic planning as part of its regular methodology for doing business. For organizations unfamiliar with strategic planning, the best way to learn and implement the planning process is through practice.
BAI’s two-day Strategic Planning workshop will guide your executive team through strategic planning. This includes reviewing the organization’s mission and values, performing a SWOT analysis, identifying key results and forming an action plan to initiate and sustain necessary changes.

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