The discrimination episode


Well if there's a dress code you're supposed to follow it and I understand your religious belief but do not push it into others.

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I assume you're talking about the episode where this guy who wore a turban as part of his religious beliefs was applying for a job in a restaurant as a server. The job interview was taking place at a table among the diners who were overhearing the manager telling him he couldn't wear the turban on the job and all these people were speaking up to tell the manager he couldn't legally do that and might even be discriminatory.

I think in the real world, the manager would probably not push the matter but perhaps just hire someone else equally qualified for the job.

I wonder how the issue would work out if the restaurant required its servers to perhaps dress as cowboys complete with cowboy hats. The hat wouldn't be required in this man's case? Or would the law be on the side of the restaurant? Or what if the applicant wanted to get work somewhere else that required headgear of some sort? Which way would the matter be resolved?

I hate this show, though I can't stop watching. I wouldn't be speaking up to involve myself in the job interview between the manager and the applicant. It's not my business. And I can't believe anyone but actors would be so supportive of the guy's religious beliefs that they would step up to lecture the manager. I say they were actors.

I'd like to see whether any of those same people would speak up on the side of the management if it was politely declining to participate in a gay wedding, based on its religious beliefs. But that's the kind of issue the show would avoid, I'm sure.

"All necessary truth is its own evidence." - Ralph Waldo Emerson

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Trouble is, that's not what the law says. Per the Equal Employment Opportunity Commission:

"Religious Discrimination & Reasonable Accommodation
The law requires an employer or other covered entity to reasonably accommodate an employee's religious beliefs or practices, unless doing so would cause more than a minimal burden on the operations of the employer's business. This means an employer may be required to make reasonable adjustments to the work environment that will allow an employee to practice his or her religion.

Examples of some common religious accommodations include flexible scheduling, voluntary shift substitutions or swaps, job reassignments, and modifications to workplace policies or practices.

Religious Accommodation/Dress & Grooming Policies
Unless it would be an undue hardship on the employer's operation of its business, an employer must reasonably accommodate an employee's religious beliefs or practices. This applies not only to schedule changes or leave for religious observances, but also to such things as DRESS OR GROOMING PRACTICES that an employee has for religious reasons. These might include, for example, wearing particular HEAD COVERINGS or other religious dress (such as a Jewish yarmulke or a MUSLIM HEADSCARF), or wearing certain hairstyles or facial hair (such as Rastafarian dreadlocks or Sikh uncut hair and beard). It also includes an employee's observance of a religious prohibition against wearing certain garments (such as pants or miniskirts).

When an employee or applicant needs a dress or grooming accommodation for religious reasons, he should notify the employer that he needs such an accommodation for religious reasons. If the employer reasonably needs more information, the employer and the employee should engage in an interactive process to discuss the request. If it would not pose an undue hardship, THE EMPLOYER MUST GRANT THE ACCOMMODATION.


Religious Discrimination & Reasonable Accommodation & Undue Hardship
An employer does not have to accommodate an employee's religious beliefs or practices if doing so would cause undue hardship to the employer. An accommodation may cause undue hardship if it is costly, compromises workplace safety, decreases workplace efficiency, infringes on the rights of other employees, or requires other employees to do more than their share of potentially hazardous or burdensome work."

www.eeoc.gov

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Which one?

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