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Love Thy Neighbor: Should Religious Accommodations that Negatively Affect Coworkers? Shift Preferences Constitute an Undue Hardship on the Employer Under Title VII?

By Alliance Alert

Rachel M. Birnbach, Love Thy Neighbor: Should Religious Accommodations that Negatively Affect Coworkers? Shift Preferences Constitute an Undue Hardship on the Employer Under Title VII? (September 13, 2009). Available at SSRN: http://ssrn.com/abstract=1472698 "This Note argues against those courts that have found that imposing on shift preferences of coworkers, outside the context of a collective bargaining agreement, amounts to preferential treatment. It asserts that protecting the mere shift preferences of other workers effectively reduces the duty to accommodate to a level far below what Congress could have intended when it included the duty to accommodate religious employees under Title VII. The Note concludes that preferential treatment of the religious employee exists only when imposition on the coworkers creates an economic burden on the employer or would require coworkers to take on additional physically dangerous tasks."

Full post as published by Constitutionally Correct on September 17, 2009 (boomark / email).