We have a team member that is asking for a religious accommodation to not work from sundown on Friday to sundown on Saturday but we are open Friday until 6pm and half day Saturday. Our fear is that we approve this and as we open more locations on Saturdays more team members will make these requests and we will not be fully staffed. Any recommendations on the risk of not approving?
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no title6 days ago
thank you
I think you have risk if you don't accommodate, the burden to show undue hardship has risen, and particularly in CA Employees have strong protections - flexible scheduling is often used as an example of a reasonable accommodation. I've been advised by employment counsel(for a situation in AK) that we can approve an accommodation with the caveat that there will be regular review and if it becomes an undue hardship we would not be able to accommodate any longer - so if too many employees want the same accommodation (i.e. not working Friday) we would see if there is another way to accommodate them but ultimately we could likely show a financial hardship related to inability to continue operating due to the number of requests - and therefore not be able to accommodate any. I'd probably check in with an employment attorney if that were to happen though, especially in CA!