religious workplace accommodations: the u.s. supreme court ... · religious workplace...
TRANSCRIPT
Religious Workplace Accommodations: The U.S. Supreme Court’s Decision in
Abercrombie & Fitch
Tuesday, June 30, 2015
Moderator
Stephen J. Hirschfeld CEO, Employment Law Alliance Partner, Hirschfeld Kraemer San Francisco, CA [email protected]
Speakers
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Adam W. Childers Crowe & Dunlevy Oklahoma City, OK [email protected] Mary E. Funk Nyemaster Goode Des Moines, IA [email protected]
Speakers
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Michael A. Gamboli Partridge Snow & Hahn Providence, RI [email protected] Sarah P. Reiner GrayRobinson Orlando, FL [email protected]
Speakers
4
Religious Accommodations and the Impact of Abercrombie
Michael A. Gamboli
Partridge Snow & Hahn
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• Dress/image/appearance policies • Accommodation requirements
Background
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• Facts • Issue for Supreme Court • Decision
Along Comes Abercrombie
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• Do not assume • Do not hide behind facially neutral policies • Do focus on job requirements • Do train managers to involve HR • Do understand the risks of dress/image/
appearance policies
General Take-Aways
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Religious Beliefs that Interfere with Job Duties
Sarah P. Reiner GrayRobinson
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• A newly hired employee walks into the HR Director’s office and advises the Director that he is prohibited from participating in or even attending resident birthday celebrations because of his religious beliefs.
• The employer’s facility holds birthday celebrations for the residents: (i) daily; (ii) once per week; (iii) once per month.
• The employee’s position is: (i) Caregiver/CNA; (ii) Activities Coordinator.
He Will Fight, for His Right, to (Not) Party!
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• Conflicts with assigned duties • Good faith religious belief • The accommodation impact on team
members • Addressing team member concerns and
resentments
Religious Limitations on Event Participation
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Health and Safety Issues
Mary E. Funk Nyemaster Goode
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• Allowable religious apparel turns on safety • OSHA and company safety requirements
– Would the accommodation actually impose an undue burden? Head coverings Loose fitting clothing Kirpan Jewelry Uniforms
Safety Issues Related to Dress Code
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• Facial hair – Food safety – nets – Employee health issues – respirator
• Length of hair • Piercings/tattoos
Grooming – Safety Concerns
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• Respirators • Vaccinations
– Health care workers
Health Issues
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Religious Accommodation Issues in a Manufacturing
Facility
Adam W. Childers Crowe & Dunlevy
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• Assembly line workers • Long hours, mandatory OT • Continuity of work very important
Manufacturing Facility
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• Requested break time to pray to Mecca • Needed time and space and materials
Muslim Employees
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• Assembly line down-time • Disruption of break schedule • Anger and resentment from colleagues
Religious Accommodation Issues
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• Other religious groups demanded time, space, and materials
• Questions arose about sincerely held beliefs
• Wage considerations, including calculation of OT
Other Fall-Out
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Day-to-Day Management Challenges
Stephen J. Hirschfeld Hirschfeld Kraemer
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• Proselytizing • Bible reading and studying • Religious holidays and Sabbaths
Day-to-Day Management Challenges
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Please Contact our Speakers for More Information
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Adam W. Childers Crowe & Dunlevy Oklahoma City, OK [email protected] Mary E. Funk Nyemaster Goode Des Moines, Iowa [email protected]
Sarah P. Reiner GrayRobinson
Orlando, FL [email protected]
Michael A. Gamboli Partridge Snow & Hahn Providence, RI [email protected] Stephen J. Hirschfeld Hirschfeld Kraemer San Francisco, CA [email protected]
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