Re: Texas AG Says Workers Can Refuse Marriage Licenses to Gays
In this situation, I'm guessing that the employer would have to prove that hiring the employee would create an undue burden on them. Easy to do if there's one person in the office and therefore that person must be able to perform the duty. Much more difficult if they can simply hand the task over to another employee, or trade duties temporarily.
Can they? I haven't really looked into this part of it, but would assume that they cannot discriminate against a potential employee simply because that person is unable to perform a particular duty because of their religion.Or they can rewrite job descriptions and ask, can you complete these tasks as specified if you take this job? They dont have to ask why, the person just has to say that they can or cannot do the job as described.
In this situation, I'm guessing that the employer would have to prove that hiring the employee would create an undue burden on them. Easy to do if there's one person in the office and therefore that person must be able to perform the duty. Much more difficult if they can simply hand the task over to another employee, or trade duties temporarily.