can a work place fire you because you have religious services to tend and you have to go to them but they won't let you off of work and you protest them. Can they fire you for that?
2006-06-14 05:01:05 · 19 answers · asked by ♥Brown Eyed Girl ♥ 5 in Society & Culture ➔ Religion & Spirituality
An employer cannot fire you because you are X religion but if you have a service to goto and you do not give the employer ample time to schedule around your service then you may be subject to termination. If you tell the employer the day before or just a few days before and is unable to change the schedule then you will either stay on the schedule and no call no show or it will be your responsibility to switch shifts with someone.
It's amazing how many people didn't read the question completely or simply do not understand the "race, religion, creed, color" clause. I'll repeat: YOU CANNOT BE FIRED FOR BEING OF A CERTAIN RELIGION. But, you can be fired for calling off or no call no showing because you did not give your employer ample time to schedule around you. Or if the employer had to schedule you becase he/she had no other warm body to fill that schedule hole. Remember requests are just that: requests.
2006-06-14 05:06:06 · answer #1 · answered by Joker 7 · 6⤊ 1⤋
In reality ,yes, but legally according to the United States Constitution, no.
I am a person that obeys the command to keep the seventh day seperated from the other days of the week for rest and worship of Yahu'eh the Creator. This commandment I believe is a test of the loyalty one has to the Creator Yahu'eh whether I will put his instructions and rules above all the rules made by his creation of mankind.
Due to this I am discriminated against sometimes. Sometimes due to misunderstandings and other times due to outright discrimination.
The Civil Rights Act of the 60's also says the employer has to make a reasonable accomadation for your religious beliefs. There is case law that tells us how the United States Supreme Court defines what reasonable accomadation is.
If it is a religious tenet of your faith to attend every service your congregation has then you might have a case.
Contact the Anti Defamation League a Jewish organization or the Liberty Magazine Staff of the Seventh Day Adventist or the Bible Sabbath Association which all have good info on this issue. Make sure the lawyer you contact is aware of these already tried before the Supreme Court cases so he can aduquately represent you. You might get some discouragement from a lawyer who might dismiss your complaint as petty not understanding your protection under the law, so persevere.
One case I know that was won under this law was a lady wore only dresses as her faith practice demanded working for Brinks as a security person one of thier trucks. She made skirts out of the same material which she wore to work. They dismissed her but had to settle with her after the Supreme court said this was a violation of the Civil Rights ACt and the United States Constitution of the free exercise of one's religion.
So press on and do something about it so others who come behind you will not face this same kind of discrimination. Many employers need the education also that they must not do this to others.
Shaun Kennedy,
Hypothetical situations like you mentioned do not often occur since we live in a diverse society. If different ethnic groups with different religious backgrounds are hired most situations can be reasonably resolved. Some of these arguements of hypothetics are the kinds of things used to discriminate in my opinion. I keep the sabbath yet work in a nursing home which has to have 24/7 coverage. I hear all the lame excuses for discriminating and not really making a reasonable accomadation for employing people that have certain days they need off. These hypothetical arguements make for using up brain space and are in fact exuses used to not comply with the law when instead some creativity should be used to find accomadations.
2006-06-14 05:09:44 · answer #2 · answered by echadone 2 · 0⤊ 1⤋
It depends on the situation. They have to make every reasonable effort to accommodate your religious service, but as an example, there are only four people that do one of the jobs I do, and two of us share the same religion. It takes at least two people to man this job, so if me, the other person, and one of the others all had a religious observance the same day, we couldn't all have the day off: the job has to get done. If it doesn't get done, the company goes out of business. The company doesn't have to go out of business to accommodate me. But if I have observance of that day the first half of the day, and the other guy has observance the second half, then they'd have to let us off for half the day.
2006-06-14 05:11:00 · answer #3 · answered by Sifu Shaun 3 · 0⤊ 0⤋
It's according to what 'services' you are reffering to. If it's Noon Mass every day and you feel you must attend, then they should adjust your hours so you can attend. Be prepared for a very short lunch. If it's a religious holiday service that you must attend then they should accomodating.
Make sure it is a legit service and you don't just leave without permission. if it's a service that only occurs every now and then, take leave. Before you protest make sure you read your employee hand book or union labor agreement. Read the by-laws before you get into trouble. Research labor laws for your state.
2006-06-14 05:09:51 · answer #4 · answered by madbaldscotsman 6 · 0⤊ 0⤋
The short answer is that while private business' cannot discriminate against you because of your religion neither do they have to pander your religious obligations. Businesses are in business to make money.
If their hours of business conflict with your times of religious responsibility you should have considered that before you took the job.
2006-06-14 05:06:36 · answer #5 · answered by Bud 5 · 0⤊ 0⤋
In most cases they can fire you. In general, employment is at will, and you are not meeting the standards required for the position.
2006-06-14 05:06:13 · answer #6 · answered by Anonymous · 0⤊ 0⤋
They can but it is not legal to do it. If that is the case with you, I would go to the State Employment office to see what is the next step to take them to court for breaking the law.
2006-06-14 05:05:31 · answer #7 · answered by ramall1to 5 · 1⤊ 0⤋
the can! but you can SUE and win for discrimination! I Hope that not what the put in there dismissal letter. It depends on the time it is taking you away from the job and your job discreption!
2006-06-14 05:05:49 · answer #8 · answered by MasterRB 2 · 1⤊ 0⤋
By law they cannot. Especially if it is the public sector. Do yourself a favor and get a lawyer because you are going to need one
2006-06-14 05:09:31 · answer #9 · answered by Anonymous · 0⤊ 0⤋
they cant fire you for being a certain religion but if you're missing work they might be able to but you could probably fight it and win
2006-06-14 05:05:48 · answer #10 · answered by staterules9 3 · 0⤊ 0⤋