Why is that employers can't ask about religon but people can use religon not to do their jobs.?

Question

Like the whole not selling the pork thing at the Target

Answer 1

Prospective employers CAN ask about availability. If a person is not available to work the hours or days required they don't have to hire them. They can also ask if there is anything that prohibits you from doing the job as described.

Answer 2

Employers can't ask about religion because they cannot discriminate on the basis of non-job related information. Whether or not the applicant is Jewish, or is married, or is from Mexico doesn't have any bearing on whether s/he can perform the job in most cases.

Employes can also specify what the major job responsibilities are for a position and refuse to hire individuals who cannot perform those functions. For example, not hiring someone as a butcher whose religion forbids them to handle meat products, or refusing to hire a 400 lb. person if the job involves working in confined spaces like sewer tunnels.

What the employer must do is to make reasonable accommodation for jobs where the employee can do the main part of the job but perhaps not some peripheral tasks - like, the employee can handle and sell all of the other products that Target offers with the exception of pork. The courts would say in that instance that it's not unreasonable for Target to ask another employee to handle the pork products.

Another example might be that of a manufacturing worker who is in a wheelchair. Most of the job involves putting parts together on an assembly line. Once or twice a week, the job involves climbing a ladder in a warehouse to pull the required parts. The company would make an accommodation so that the wheelchair-bound employee doesn't have to climb the ladder and someone else would pull his/her parts.

Answer 3

You can not as an employer discriminate when hiring someone because of their religion. You can however ask questions about them being able to perform the job you are trying to fill.

Say you are looking for someone to work in a meat market and they can't sell pork because of their religion. Then you have the right not to hire them because they do not meet your requirements for that job.

Answer 4

You aren't allowed to discriminate on the basis of religion, and employers must make "reasonable" accommodations based on religion or disability.

In general, being incapable of doing your job (whether for religious reasons or otherwise) should be grounds for dismissal. (For example, if I sold theater tickets, if I refused to sell tickets for non-Christian bands based on my religion, you can bet I'd be out of a job the same day)

Answer 5

religion is personal question as well as for age.
they are not allowed to judge a person depending the religion or age from the resume.
Remember: Equal Employment Opportunity

Answer 6

tricky one. well i guess its exactlyfor that reason - so that if someone plans to excercise their religious rights and practices, they are going to be allowed to , and an employer cant take that into consideration before employing them...ie, you couldnt choose not to employ the guy who needed to go to prayer in the middle of the day. although it would interrupt working day, he has to be judged on his ability for the job. though i do agree...its sometimes taken a bit too far.

Answer 7

Life isn't fair.

Answer 8

Good point. I don't know though.