Results 1 to 8 of 8

Thread: I am mandate by my faith to have rest and worship on sabbath...

  1. #1
    Junior Member
    Join Date
    Feb 2012
    Posts
    3

    Default I am mandate by my faith to have rest and worship on sabbath...

    Doesn't employer have to prove undue hardship if they have to provide different scheduling for me to have off from Friday night sundown to Saturday night sundown weekly and seven annual days all listed in Leveticus 23 of the Holy Bible? If they cannot show "undue hardship" then they cannot discriminate in hiring practices or fire me for having these religious beliefs from the start of employment with them having been notified of them during interveiw and hiring from my understanding of the law. I am a Yahwist or Yahuist.

  2. #2
    Super Moderator
    Join Date
    May 2005
    Location
    Massachusetts
    Posts
    37,343

    Default

    I'm going to break this down.

    Your employer cannot under any circumstances terminate you simply because of your religious faith.

    You are correct that your employer has to provide a reasonable accomodation for your sincerely held religious beliefs and must show an undue hardship to refuse. However, the key words here are "reasonable" and "undue hardship". You have not indicated what your industry does, what kind of scheduling they need, what your absence during these times would mean to them and what kind of accomodations, if any, they are willing to provide, so it's not possible to say if they can show an undue hardship or not, or whether giving you this time off would be reasonable. But IF it would cause an undue hardship for the employer to accomodate your scheduling practices, then they are free to refuse it.

    http://www.eeoc.gov/policy/docs/reli...#_Toc203359522
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

  3. #3
    Junior Member
    Join Date
    Feb 2012
    Posts
    3

    Default I have been a Nurse Aide for 32 years

    I have been a nurse aide for 32 year and never experienced this kind of discrimination in all of my career till moving to Ohio, after working in about ten states on both coast and in the Midwest. Some employers would test you but most will not refuse to hire you. They always told me there were student nurses and others of other faiths that wanted the hours, and wanted off when I could work to go to their services. I think the backlash against Muslims is part of what is going on here in this city of Cincinnati. I am srprised with the large Jewish population and have worked in many Catholic communities and in their healthcare facilities so I find this hard to understand with the makeup religiously in this city. I also have seen it work quite well in the Philadelphia PA area when I lived there and they hired all different types of people with different beliefs to have plenty of coverage. It is sad to see the people in charge here fighting it so hard. I filed a charge today with the Ohio Civil Rights Commission and the EEOC is automatically notified. They will investigate this and get back with me. The human resources person wanted to hire me but even though she pointed out they accommodated students and other employees working two jobs the Administrator was set against making a religious accommodation so I am being treated differently than other people that receive accommodations and if the lady in human resources will tell the investigators what she shared with me I think there will be a change. I am working part time at a lower wage so I will try to hire my own attorney to personally represent me as soon as I save the money to do so unless you know of someone that might represent me pro bono. Thanks for your response.

  4. #4
    Super Moderator
    Join Date
    Apr 2007
    Location
    Il.(near STL,Mo.)
    Posts
    14,859

    Default

    You filed a complaint with the Ohio Civil Rights Commission which is the correct place to file such a complaint.

    This forum doesn't allow referrals to specific lawyers/law firms. You can check with your local legal aid society, local or state bar assoc., or local law school (if there is one) to see if you can get a referral to a low cost/no cost attorney.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

  5. #5
    Moderator
    Join Date
    Sep 2006
    Posts
    1,335

    Default

    In the future, get yourself hired first, then ask for the accommodation.
    I am not an attorney, and don't play one on TV. Any information given is a description only and should be verified by your attorney.

  6. #6
    Junior Member
    Join Date
    Feb 2012
    Posts
    3

    Default I am mandated primarily to...

    I am mandated primarily to "Love my neighbor as myself" when going for a job interview so this puts me in a quandary since I wouldn't want someone not telling me what they will have to accommodate if they hire me. I know this sounds like double talk but I have never ran into the kind of people like I have here in Ohio as I explained already. Too many haters in the world that will violate the law if you let them by telling them during an interview like you would want them to do to you if the situation was reversed. Thanks for the advice though. Found this for others that might read this post or thread: http://www.eeoc.gov/policy/docs/reli...#_Toc203359497 Another good article you might read is "Keeping the Sabbath and Keeping Your Job" by Dr Daniel Botkin of the Bible Sabbath Association whihc brings out all sides of this issue from both perspectives which is one reason I do tell them upfront which allows some to silently discriminate.

  7. #7
    Super Moderator
    Join Date
    May 2005
    Location
    Massachusetts
    Posts
    37,343

    Default

    Did you look at the link I posted, from the same source?
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

  8. #8
    Senior Member
    Join Date
    Dec 2005
    Location
    In a state of confusion.
    Posts
    1,479

    Lightbulb Das ist in der Doktor!

    Quote Originally Posted by Moshedude View Post
    I am mandated primarily to "Love my neighbor as myself" when going for a job interview so this puts me in a quandary since I wouldn't want someone not telling me what they will have to accommodate if they hire me. I know this sounds like double talk but I have never ran into the kind of people like I have here in Ohio as I explained already. Too many haters in the world that will violate the law if you let them by telling them during an interview like you would want them to do to you if the situation was reversed. Thanks for the advice though. Found this for others that might read this post or thread: http://www.eeoc.gov/policy/docs/reli...#_Toc203359497 Another good article you might read is "Keeping the Sabbath and Keeping Your Job" by Dr Daniel Botkin of the Bible Sabbath Association whihc brings out all sides of this issue from both perspectives which is one reason I do tell them upfront which allows some to silently discriminate.
    As one on Gods chosen people, God may feel an obligation to accommodate you,
    but as you are learning,
    the rest of the world does not.
    I think a trip to the Doctor or a Rabbi is called for to help remove that chip that seems to be growing on your shoulder

    Shalom.
    Last edited by drruthless; 02-23-2012 at 02:59 PM.

Similar Threads

  1. California Sabbath Keeper
    By mindyraeriley in forum Discrimination Laws
    Replies: 6
    Last Post: 07-12-2006, 01:17 PM
  2. Sabbath-observant Jews
    By Rosieshosh in forum Discrimination Laws
    Replies: 11
    Last Post: 05-17-2006, 02:18 PM
  3. Replies: 5
    Last Post: 05-08-2005, 11:42 PM
  4. POLITICIZING HOUSES OF WORSHIP
    By Guest in forum General legal issues
    Replies: 2
    Last Post: 06-17-2004, 01:56 PM
  5. Wife Worship
    By shinypenny in forum Marriage Law
    Replies: 0
    Last Post: 08-01-2003, 10:38 AM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •