Religious Discrimination

[Johnny Pneumatic]

If someone's religion only allows them to work 3 days a week
would it be RD not hiring them?

 

[Brian O'Blivion]

That's a toughie. On the one hand, all other things being equal, you're not hiring anyone from that religion because of their religious observances.

On the other hand, you need someone who'll work more than 3 days / week. If they don't wish to work more than 3 days, you'll find someone who will. Your discrimination is incidental.

All in all, I'd say yes. But at the same time, I wouldn't necessarily judge you harshly for it. There aren't any travelling sales reps who are single mothers, but no one is blasting the sales rep's companies over it.

 

[Ladyhawk]

It could be but while an employer is not permitted to ask an applicant about their sexual or religious preference ( in addition to age and all that jazz) they are able to ask if there are any conditions that would prevent the applicant from being able to perform the job as described. If the description includes details of the standard work week, the applicant would have to volunteer that there was a reason they could not comply with that work week, albeit they would not have to reference their religious beliefs. In that instance, an employer would not have to hire said applicant and religious discrimination would not be a defense.....

However, I hasten to add that any hungry attorney could make a mockery of what I just said.....

 

[Flaherty]

If someone's religion only allows them to work 3 days a week
would it be RD not hiring them?

Assuming the position is normally a full-time, 5 day, Monday to Friday 40-hours a week job, then the employer does NOT have to entertain this person's religious preferences. The law requires employers to make reasonable concessions to an employee's religious practices. In my opinion, the employee's demand is not reasonable.