In article <vrc7i1hi0lhmomhc88thutlaf28nb22tfr@4ax.com>,
jma@snowcrest.net says...
<SNIP>
>
> This isn't a Republican issue, nor a Democrat issue. It's an American
> issue.
>
Yes, It's a U.S. Constitution Issue.
The reason is that there are several protected classes. Religion is one
of them. Been there, got straightened out.
> On Sun, 11 Sep 2005 04:14:03 GMT, Chuck <none@no.com> wrote:
>
> >On Sat, 10 Sep 2005 17:21:16 GMT, "Jim Warman"
> ><mechanic@tenalpsulet.net> wrote:
> >
> >>Huh????
> >>
> >>FWIW, when I was self employed, I would hire any qualified person when
> >>needed..... realistically, I will NOT pay someone to pray... I will NOT halt
> >>production for this same reason.
> >>
<SNIP>
I was a supervisor and had occasion, during an EEO training session, to
discuss protected classes with a *Superior Court Judge* that specialized
in this type of case and also trained employers' management. Well there
wasn't too much discussion on my part, I was pointedly *told*.
The discussion was a question regarding overtime work. Employees signed
a contract that they would work overtime as required by the employer.
Supervision had the "right" to assign work.
I postulated this question trying to prove a point regarding fairness:
Overtime became necessary for all of the employees on a Saturday. An
employee objected to working because of religious reasons. I didn't
want to treat that person differently than the others that were required
to work and run afoul of "dis-seperate treatment laws". I said it
wasn't fair to the other employees that were "forced" to work.
I was wrong.
I was told that it doesn't have to be fair, it's the law.
http://tinyurl.com/7u46n
Religion is a protected class, fairness to the other employees or the
employer, and the hoops to be jumped through had no bearing; that wasn't
protected like religion was. I could require that employee to work
overtime several days during the week to make up the 8hrs of overtime
for the Saturday; but, I could not force him/her to work a Saturday
against their religion.
I am not a lawyer and have *no* legal advice, I just pass on what I was
told by an authority (Judge) during training and my personal work
experiences.
So, I guess after reading the past couple of posts my questions/thoughts
are; Can I as owner/management refuse individual(s) to practice their
established (protected) religion during normal work hours, requiring
them to continue to work, when I couldn't do that on overtime? I
suspect not; but, I might be able to require them to make up that time.
The stopping of an assembly line is another question whose answer I
suspect probably lies in the being flexible and management of your
workforce area. When I brought up issues like that, I was called for
jury duty and my boss didn't think I could be spared from work, I was
asked (by a judge again) "Well what would you do if someone was sick?"
I said find another employee to work in their place. The judges
response was, "Well then do that in this case".
Now I remember another reason to celebrate being retired. ;-)
DISCLAIMER: No legal opinions offered or given, just anecdotal
experiences and personal opinions.
--
I. Care
Address fake until the SPAM goes away ;-}
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