[QUOTE=WhyNot]
Which part sounds illegal and why? I was annoyed that the JW’s got off, but I never decided if a legal discrimination case could be made. They never asked what religion I was, but they knew I was not a JW (because I’d casually ask questions about their religion to learn about it). As it happened, I was unaffiliated at the time, but did have family Christmas with Catholic and Lutheran family which I couldn’t attend because of work.
I had no employee complaints with how I handled it. Well, other than “Why the hell are we open on Christmas anyway?” To which I would point to the line of customers at the register, each with a huge stack of tapes for the kiddies, one for the guys in the den and a chick flick for the women when they were done cooking. Y’know, so all the relatives wouldn’t have to actually *talk *to each other. Not to mention the REALLY last minute giftcard sales. My revenue tripled on Christmas and New Year’s, even with shorter open hours. (And three out of four customers would get to the register and say, “Man! I can’t *believe *you guys have to be here on Christmas!” before plunking down $35.21 for crap. :dubious: If looks could kill, my friend, if looks could kill…)
I knew many of my employees’ religions because we were friendly folks who talked about stuff to dull the monotony of working in a video store. It was not asked at the interview, nor did it have any bearing on their hire or employment. If anyone was out of town for Christmas, that would be worked around, but they were sure as heck workin’ New Year’s Eve! (And yes, it was made clear at all interviews that we are open 365 and you will be expected to work a shift on the holidays. Anyone who couldn’t agree to that would not be hired - not for religious reasons, but scheduling ones, which is not a protected class.)
If I were to armchair lawyer it, I’d say that, in Illinois anyway, giving people their religious holidays off would likely fall under Reasonable Accommodation: “Reasonable accommodation is also a requirement if necessitated by a person’s religion. An example of reasonable accommodation of a person’s religious practice may be more frequent breaks for someone who is required to pray at specified intervals throughout the day.” As long as I was able to maintain staffing without the devout Christians working Christmas, I felt obligated, ethically and legally, to do so. I also (to bring it back to the OP) felt personally obligated to work at least one of those shifts, as it wasn’t *my *religious holiday.
Obviously, there was a lot of individual discretion on these matters. Different managers handled it very differently. I, of course, think I did it the best way (or I would have done it some other way.)
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I was referring to whether or not they asked you. I mean, you could just SAY you’re a jew or JW or what have you and they pretty much have to accommodate you, right? But the fact that only the JWs were allowed to be off, leaving the two of you to cover it all the time, that seems discriminatory to me. Once in a while, I could see…but not every single year.
When I was single, and in grad school, I did go to the office on Christmas, just to be ornery. No one cared one way or another.