Employers, it is a losing battle to debate theology with your employees who request religious accommodation. If you don't believe me, ask Consolidated Coal Company and its parent, CONSOL Energy, which have been ordered to pay more than half a million dollars to an employee who retired rather than have his hand scanned by a biometric screener, which he believed was imprinting "the Mark of the Beast" described in the New Testament Book of Revelation. The lawsuit was brought, and won, by the Equal Employment Opportunity Commission. The Defendants have said that they will appeal.
Our own Tommy Eden reported on this case way back in 2013.
Does that "Mark of the Beast" stuff sound crazy to you? It wasn't crazy to the 35-year employee, Beverly Butcher.
The employer started using biometric hand screening to track attendance and hours worked. It accommodated two employees who had fingers missing from their hands, thus proving that accommodation was possible. Mr. Butcher provided a written explanation for his religious belief and offered some non-biometric ways for the company to monitor his comings and goings.
Should the judge have sent Rowan County, Kentucky, court clerk Kim Davis to jail for refusing to issue same-sex marriage licenses? Should her religious beliefs have been accommodated? (Note: Ms. Davis's situation is different from that of the typical employee because she is an elected official.) Tell us what you think in the comments.
When hell freezes over No dice, said the company. Its biometric screening vendor apparently had faced this question before and had a prepared document explaining that it was not, in fact, placing "the Mark of the Beast" on employees' hands. The document even purported to interpret Scripture.
Mr. Butcher, reasonably, elected not to take his Bible lessons from a vendor of biometric screening devices, and he retired instead. Then he filed an EEOC charge. Then the EEOC sued on his behalf. Then the company got clobbered in court.
Here Beginneth the Sermon
Many religious beliefs seem odd to those on the outside. And not just "fringe" beliefs, but even "respectable" beliefs from "recognized" faiths. As an employer, you may think that Mr. Butcher is a nut.*
*I do not share Mr. Butcher's religious concern about biometric screening, but I do not think he is a nut.
Legally, it doesn't matter what you as the employer think. The critical question is whether the religious belief is "sincerely held," not whether it is correct in your opinion.
In our pluralistic society, it makes sense not to base religious accommodation decisions on whether the employer agrees with the employee, or considers the belief to be "correct." Should a Jewish employer be able to refuse to accommodate her Seventh Day Adventist employees because she doesn't share their beliefs? Should a lackadaisical Baptist employer be able to refuse to accommodate more-devout Baptist employees because they're taking this stuff way too seriously? Should a Catholic supervisor be entitled to demand an "authoritative" letter from the "bishop" of an evangelical Christian employee, who has no bishop? Should an atheist employer be able to refuse to accommodate any religious need because, in the atheist's opinion, all of that "religious" stuff is a bunch of baloney?
Of course, this would never work. So the law errs on the side of accommodation if (1) the religious belief is sincerely held (no matter how outlandish it may sound to an outsider), and (2) accommodation is not an undue hardship for the employer.
We don't worry about who's right and who's wrong. The law is, if you'll pardon the expression, agnostic.
. . . AND ALSO OF INTEREST . . .
Wish I'd thought of that. And be sure to read this excellent post by my blogging buddy Jon Hyman on checking social media as a routine part of any workplace investigation.
- Partner
Robin has more than 30 years' experience counseling employers and representing them before government agencies and in employment litigation involving Title VII and the Age Discrimination in Employment Act, the Americans with ...
Robin Shea has 30 years' experience in employment litigation, including Title VII and the Age Discrimination in Employment Act, the Americans with Disabilities Act (including the Amendments Act).
Continue Reading
Subscribe
Contributors
- William A. "Zan" Blue, Jr.
- Obasi Bryant
- Kenneth P. Carlson, Jr.
- James M. Coleman
- Cara Yates Crotty
- Lara C. de Leon
- Christopher R. Deubert
- Joyce M. Dos Santos
- Colin Finnegan
- Steven B. Katz
- Ellen C. Kearns
- F. Damon Kitchen
- David C. Kurtz
- Angelique Groza Lyons
- John E. MacDonald
- Alyssa K. Peters
- Sarah M. Phaff
- David P. Phippen
- William K. Principe
- Sabrina M. Punia-Ly
- Angela L. Rapko
- Rachael Rustmann
- Paul Ryan
- Robin E. Shea
- Kristine Marie Sims
- David L. Smith
- Jill S. Stricklin
- Jack R. Wallace
Archives
- September 2024
- August 2024
- July 2024
- June 2024
- May 2024
- April 2024
- March 2024
- February 2024
- January 2024
- December 2023
- November 2023
- October 2023
- September 2023
- August 2023
- July 2023
- June 2023
- May 2023
- April 2023
- March 2023
- February 2023
- January 2023
- December 2022
- November 2022
- October 2022
- September 2022
- August 2022
- July 2022
- June 2022
- May 2022
- April 2022
- March 2022
- February 2022
- January 2022
- December 2021
- November 2021
- October 2021
- September 2021
- August 2021
- July 2021
- June 2021
- May 2021
- April 2021
- March 2021
- February 2021
- January 2021
- December 2020
- November 2020
- October 2020
- September 2020
- August 2020
- July 2020
- June 2020
- May 2020
- April 2020
- March 2020
- February 2020
- January 2020
- December 2019
- November 2019
- October 2019
- September 2019
- August 2019
- July 2019
- June 2019
- May 2019
- April 2019
- March 2019
- February 2019
- January 2019
- December 2018
- November 2018
- October 2018
- September 2018
- August 2018
- July 2018
- June 2018
- May 2018
- April 2018
- March 2018
- February 2018
- January 2018
- December 2017
- November 2017
- October 2017
- September 2017
- August 2017
- July 2017
- June 2017
- May 2017
- April 2017
- March 2017
- February 2017
- January 2017
- December 2016
- November 2016
- October 2016
- September 2016
- August 2016
- July 2016
- June 2016
- May 2016
- April 2016
- March 2016
- February 2016
- January 2016
- December 2015
- November 2015
- October 2015
- September 2015
- August 2015
- July 2015
- June 2015
- May 2015
- April 2015
- March 2015
- February 2015
- January 2015
- December 2014
- November 2014
- October 2014
- September 2014
- August 2014
- July 2014
- June 2014
- May 2014
- April 2014
- March 2014
- February 2014
- January 2014
- December 2013
- November 2013
- October 2013
- September 2013
- August 2013
- July 2013
- June 2013
- May 2013
- April 2013
- March 2013
- February 2013
- January 2013
- December 2012
- November 2012
- October 2012
- September 2012
- August 2012
- July 2012
- June 2012
- May 2012
- April 2012
- March 2012
- February 2012
- January 2012
- December 2011
- November 2011
- October 2011
- September 2011
- August 2011
- July 2011
- June 2011
- May 2011
- April 2011
- March 2011
- February 2011
- January 2011
- December 2010
- November 2010
- October 2010