— Religion Category Archives — Dallas Employment Lawyer Blog Published by Dallas, Texas Employment Lawyers

Abortion Rights are Employment Law

August 4, 2022 | Paige Melendez

The dissolution of abortion rights that should be guaranteed as substantive due process rights have a direct impact not only on healthcare, but on employment. I know that’s odd to say, but it’s a person’s personal health decision that should not be interfered with, even by their employment. However, with the Supreme Court’s decision a flurry of companies began to step in to protect abortion rights in a private sector way. This is untenable as a solution. While helpful in the short-term, it creates a complex picture for employment discrimination.

As a hypothetical, let me set up Grayson. They are currently pregnant and would like to access abortion in a different state. Their employer is Be Free Sporting Goods who has promised that they will give time off and leave to allow Grayson the opportunity to pursue abortion access outside the restrictive laws of states like Texas. Despite this being a personal healthcare choice between them and their doctor, Grayson now has to disclose their decision to access abortion to their human resources department. Be Free is a big corporation – their decision is not communicated to one person, not even two people, but several people must work on the request before it is approved. Grayson’s request is then denied because Marla in the human resources department has a sincerely held religious belief that abortion is wrong. And this juncture is where the private sector’s “solutions” to abortion access fall short.

On one hand, Grayson should have the absolute right to make private healthcare decisions about their own body without interference. Yet, an employer’s approval process just puts more strain on their decision, one that did not exist pre-Dobbs – before the Supreme Court made a judicial decision that appeared more political. The denial of Grayson’s leave requests invokes employment law in a myriad of ways. The right to abortion only affects individuals with the ability to become pregnant, but is it pregnancy discrimination if the intention is to access abortion thus ceasing the pregnancy? Is it sex discrimination because a transman, who has the capacity to become pregnant “shouldn’t be pregnant” and so the human resources department discriminates based on sex because of this man’s decision to become pregnant?

Ramadan 2022 is Here: Do I Qualify for a Religious Accommodation?

March 31, 2022 | Rob Wiley, P.C.

The Muslim holy month of Ramadan is observed by 1.6 billion people around the world. Practicing Muslims will be fasting from dawn until dusk (approximately 6 a.m. to 8 p.m.) beginning on April 2, 2022 and ending on May 2, 2022. Fasting means no food or liquid of any kind. Yes, that includes water! Ramadan is meant to be a time of spiritual discipline – of deep contemplation of one’s relationship with God, extra prayer, increased charity and generosity, and intense study of the Quran. It is a joyous month meant to be shared and celebrated with loved ones.

Fasting during Ramadan is one of the five pillars – or duties – of Islam, along with the testimony of faith, prayer, charitable giving, and making a pilgrimage to Mecca. The practice of fasting is intended to be a reminder of human frailty and dependence on God for sustenance. It reduces the distractions of life to allow time to focus on our relationship with God. Importantly, it provides an example of the hunger and thirst the poor experience, which is intended to encourage empathy for and charity to the less fortunate.

During Ramadan, it is not unusual for Muslims to be up past midnight for prayer and then get up around 5 a.m. to eat the first meal of the day, which must last until sunset. This means lots of high-protein food and drinking as much water as possible until dawn, after which we cannot eat or drink anything. At dawn, Muslims will perform their first prayer of the day, followed by four additional mandatory prayers throughout the day and an optional late-night prayer, which is typically only preformed during Ramadan. Many Muslims, myself included, are typically more devoted to their prayers during this month and try to set time aside throughout their day to timely complete each of the five scheduled daily prayers. For me, that means blocking time on my work calendar to ensure I am not scheduled for meetings or appointments during the various prayer times that fall within work hours.

The Vaccine Mandate

November 5, 2021 | Deontae Wherry

COVID-19 has dictated much of our daily activities over the last 20 months. It seems that COVID-19 is not going away anytime soon neither is the vaccine mandate. Yesterday, President Biden’s administration fulfilled its promise that it would take more aggressive steps in getting more Americans vaccinated. The administration announced additional vaccine mandates affecting more than 100 million workers. In this article, I will explain what this mandate means for employees.

Coverage

The purpose of the COVID-19 mandate is to minimize the risk of COVID-19 transmission in the workplace. This mandate does not apply to every company; instead, this mandate applies to private companies with 100 or more employees, healthcare workers at facilities participating in Medicare or Medicaid, and federal contractors. If you work at one of these entities or you are a federal contractor, this mandate applies to you. However, private companies with fewer than 100 employees may still mandate the vaccine as a condition of employment. One clear distinction of this mandate is that it does not apply to employees of a covered company who work exclusively outdoors, or from home.

Can my Employer Mandate the COVID Vaccine?

February 5, 2021 | Deontae Wherry

By all accounts, we can agree that the year 2020 was unconventional in every way. We were forced to live our lives in ways that many of us never imagined. And when we thought things were going to get better, it seems things only got worse. As we enter into the new year, it is our hope that our best days are ahead of us with the newly approved COVID-19 vaccine (“vaccine”).

No one knows how long it will be before everyone is vaccinated or even if the rushed vaccine will work. In fact, according to the Pew Research Center, while Americans’ confidence in the vaccine is increasing, many groups remain hesitant about getting vaccinated. It is becoming clear that whether we want the vaccine or not, employers are going to have a critical role in the administration of the vaccine. This article discusses employees’ rights as it relates to employer-mandate vaccinations.

On December 16, 2020, the Equal Employment Opportunity Commission (“EEOC”) published its guidance related to workplaces requiring the COVID-19 vaccine. This guidance helps us better understand what we can expect in the days and months ahead. Nevertheless, employers must not violate employment laws in mandating or administrating the vaccine.

How Can an Employer Accommodate My Religious Beliefs?

March 7, 2019 | Law Office of Rob Wiley, P.C.

Under Title VII of the Civil Rights Act of 1964, an employer cannot discriminate on the basis of religion. Of course, this includes an employer that makes hiring, firing, promotion, or compensation decisions based on a person’s faith. However, Title VII also more broadly protects employees from having the “terms and conditions” of their employment affected because of their religious beliefs. This means that Texas employers should reasonably accommodate employees’ sincerely held religious beliefs or practices if an employee’s beliefs conflict with the employer’s work requirements.

Common accommodations include an employer allowing for an employee to maintain a flexible schedule, allowing employees to swap shifts when necessary, and also potentially allowing for an employee’s reassignment. A reasonable accommodation may also relate to an employer’s dress or grooming policies. For example, by allowing an employee to wear a head covering or allowing employees to maintain facial hair. In addition, an employee’s request not to wear a specific article of clothing, such as pants or a skirt, may also be the basis for a religious accommodation. Only requests that are based on sincerely held religious beliefs will require an accommodation. However, the term “religion” is broadly defined by the Equal Employment Opportunity Commission, and includes strongly held moral and ethical beliefs.

To obtain a religious accommodation, a Texas employee must first notify their employer of their request. Typically, this should be done in writing and should explain that the employee’s request is based on a sincerely held religious belief. In some cases, an employer will need more time to determine what would need to be done to provide the accommodation. This is supposed to be an interactive process between employee and employer, as the employer attempts to determine how it could implement a satisfactory accommodation. An employer must make a reasonable accommodation unless doing so would cause the employer to suffer an undue hardship.

What Questions Can a Prospective Employer Ask During an Interview?

February 22, 2019 | Law Office of Rob Wiley, P.C.

As we’ve discussed in previous posts, federal discrimination laws prohibit employers from engaging in discriminatory conduct during employment. This also includes the pre-employment interview process. Employers cannot make a hiring decision based on a person’s age, race, religion, sex, national origin, or disability.

Sometimes, employers trying to gather as much information as possible about an applicant will rely on preconceived notions and stereotypes in doing so.

A few of the problematic questions employers routinely ask are:

whether an applicant is married, engaged, single, or divorced;
whether an applicant has any children and, if so, how old they are;
whether an applicant plans on becoming pregnant;
what an applicant’s spouse or boyfriend does for a living;
whether an applicant attends religious services and, if so, what days; and
the origins of an applicant’s last name.

Do Texas Employers Have to Accommodate an Employee’s Religious Beliefs?

July 26, 2018 | Law Office of Rob Wiley, P.C.

Under Title VII to the Civil Rights Act of 1964, employers are prohibited from discriminating against their employees based on a number of criteria, including religion. Of course, under Title VII, employers are prohibited from making hiring or firing decisions based on a person’s religion, but the protection granted to employees under Title VII goes beyond that. The Equal Employment Opportunity Commission (EEOC) is the federal agency given broad authority to oversee the enforcement of Title VII.Employers must also allow for certain accommodations to be made for an employee’s religious beliefs. According to the EEOC, the following are examples of accommodations that employers have been required to make based on an employee’s religion:

Allowing an exception to be made for an employee dress code;
Permitting an employee to take time off for a religious holiday;
Excusing an employee from a staff prayer or other religious invocation;
Granting an employee permission to pray at certain times of the day;
Keeping an employee off the schedule during their day of Sabbath or worship.