Love Thy Neighbor: Should Religious Accommodations that Negatively Affect Coworkers’ Shift Preferences Constitute an Undue Hardship on the Employer Under Title VII?
Rachel M. Birnbach
affiliation not provided to SSRN
September 13, 2009
In applying Title VII, courts are often confronted with religious accommodations that would negatively affect other employees and are asked to decide whether such an accommodation amounts to an undue hardship on the employer. This Note explores the conflict among circuit courts concerning the scope of an employer’s duty to accommodate religious employees when doing so would negatively affect coworkers’ scheduling preferences, outside context of a collective bargaining agreement. This conflict turns on whether courts consider any negative impact on coworkers impermissible preferential treatment, or whether they require more severe impact on coworkers' rights be demonstrated. This Note argues that preferential treatment of the religious employee exists only when imposition on coworkers creates an economic burden on the employer or requires coworkers to take on additional, physically hazardous tasks.
Number of Pages in PDF File: 118
Keywords: Title VII, religion, accommodation, Hardison, employmentworking papers series
Date posted: September 14, 2009 ; Last revised: September 23, 2009
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