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Ask wallstreetfighter Your Own Question
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 17080
Experience:  14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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We just did an interview and offered an candidate a new job

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We just did an interview and offered an candidate a new job to start next Monday. During the interview process we asked if there were any days he was not available to work. Nothing was said at the time. Yesterday we get an email from the proposed new employee that he cannot work Sundays due to religious beliefs. Unfortunately Sundays (being in retail) is a very important day and a day we need staffing. Is there any legality to rescinding the job offer at this point?

wallstreetfighter :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification

wallstreetfighter :

Did you advise him at the interview the days of work?

JACUSTOMER-6q3oofrb- :

No, We just ask during interviews if there is anything preventing you from working at any time

JACUSTOMER-6q3oofrb- :

School, vacation, court dates

wallstreetfighter :

This is a common issue, currently there is no prohibition against employers requiring work on Sundays. If there were, Sunday would not be a major shopping day, and there would not be television on Sundays nor sporting events. The First Amendment grants US citizens protections for their religious beliefs. But that protection is from actions of the government, not from a private business. A private business is not required to accommodate religious practices.

The only protection one has from a private employer is that employer cannot to refuse to hire you because you are Christian, for example. That employer cannot decide not to hire any practicing Christians on the assumption that the Christians will refuse to work on Sundays (or Saturdays for those who have their sabbath then). That sort of discrimination based on one's religion is illegal.

However, that employer may require all employees, regardless of when they take their sabbath, to work on whatever schedule best suits the employer. There is no requirement that a private employer make any accommodation for any employee's religious observances and sabbaths.

JACUSTOMER-6q3oofrb- :

Great ! Thank You

wallstreetfighter :

Also, Title VII of the Civil Rights Act o f1964 requires employers to reasonably accommodate religious observance unless doing so would impose "undue hardship" upon the employer. The US Supreme Court changed this protection in 1977 by holding that if an accommodation imposed even a de minimus (a small) expense upon the employer, an accommodation was not required under the law. TWA v. Hardison 432 US 63.

wallstreetfighter and 4 other Employment Law Specialists are ready to help you
Customer: replied 3 years ago.

Thanks again!

good luck.
wallstreetfighter and 4 other Employment Law Specialists are ready to help you

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