Lachean

Can an employer be justified in refusing to hire an individual based on their religion?

For example: A girl wearing a Burka applies to a hair salon where employees are expected to show off their hair, if said girl indicates that she would refuse to remove the Burka if hired, should the employer be punished for turning her away?

How about if the job required a uniform? Or work on the sabbath?

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"Truth, in the matters of religion, is simply the opinion that has survived." - Oscar Wilde

jallman

It's not discrimination at that point. It's a business decision.

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McCain / Palin 08

Arcana XV

No, I don't think they should be punished.

They're refusing to hire based on the inability or unwillingness of that person to do the job according to company policy. The fact that their religion is the reason they can't or won't follow the job description is irrelevant at this point.

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"Yes, but are you a Protestant atheist or a Catholic atheist?".- Northern Irish joke

Jerry

Only if the emplyer is stupid enough to make it known that she wasn't highered due to her religious practices.

Any emplyer with 2 brain cells to rub together would simply choose another aplicent as "more qualified" or "interviewed better" and keep the real reason to themselves.

If your potential emplyer is looking for someone who can work weekends, and you can't, then it's not that you were discriminated against because your jewish, it's that you didn't fit a lagitomit job requierment regarding availability.

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"Nature has it's bad designs eaten by it's good ones."
Eyes of Nye, episode 114

Southern Belle

I agree, if your religion actually causes you not to be able to do the job, then you don't even need the job. If you are starving and actually need the job to survive then you need to put your religion aside just at work. God wouldn't want you to starve and die.

When I say this, I'm thinking of People in drugstores or Doctors who don't believe in medicine, religious dress codes interferring with something like an astronaut with some kind of helment that's nessessary, or yes, working on the Sabbith or holy day. Christians work on Sunday even though we aren't really supposed to but if we need to, we need to.

But if you have worked a perfect job, and then someone gets promoted and goes "You're a religion I don't like, get out, your fired" That's bad...

Jerry

If you needed an operation whitch would required your doctor's full attention for 8-10+ houres, how many times may he stop to pray to Alah?

Jerry

Or, if you have a wish not to receieve a transfusion purly out of a religious belief, but your atheist doctor just thinks that's silly.....

Southern Belle

Best scenerio would be he'd be courteous enough to the patient to have someone who could cover for him in such a severe surgery. If it was just gonna be him in there, I'd be a little alarmed for any reason! O_o If he couldn't find anyone or if it had to be him, then a patient's life always takes priority. He'd just have to skip it for that day.

Transfusion? That reminds me of All in the Family where Archie needed one and he got blood donated by his black nurse. Doctors always need to take 100% care of patients to make sure they don't die. If he's gonna die without a transfusion, the doctor may need to give it, unless the patient has in writing that he absolutely does not want one under any circumstances. (I think, I'm not sure exactly what the law is on that).

BTW, did Archie have a right to refuse black blood? (even though he didn't know about it until after the transfusion) No, I'm actually curious about that...

partier9

Yes if a Scientologist is wants a job to teach theology, history of earth, and astronomy where Xenu used to live. That would be acceptible to me.

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" I came, I saw, I conquered" Julius Caeser

SouthernDemocrat

You cannot discriminate in hiring purely on an applicants religious beliefs. In fact, their religious beliefs in and of themselves cannot be a consideration for employment.

However, if the applicant's religious practices prevent them from reasonably fulfilling the duties of the position, then its perfectly legal not to hire them. For example, if you had a position for a meat cutter, but you did not hire a baptist simply because you don't like baptists, then your actions would be illegal. However, if you did not hire an orthodox jew for a meat cutting position in a hog slaughter house because they kept kosher and thus could not handle pork, then your not hiring them on the basis of their religious practices preventing them from fulfilling the duties of the position would be perfectly legal.

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Old Man McSame / Milf 08