Employment Law

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Would like to ask a legal question. I have some employees…

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Would like to ask a legal question. I have some employees who refuse to work with men. Not for any religious reasons, but for jealous husband reasons. I'd like to know if I can be liable for any kind of discrimination if I tell them I have no work for them then. In other words I am making work available to them but they're refusing it due to the sex of the individual(s) I am asking them to work with.

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

California

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

No agreement is in place but they're full time

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I'd like to know if I can terminate them if they refuse to work the staff assignments I give them

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Answered in 3 minutes by:
9/13/2017
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,364
Experience: Significant experience in all areas of employment law.
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Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

It is not unreasonable in any sense for an employer to require female and male employees to work together. An employee who refuses to work with employees of the opposite sex can be terminated and replaced with someone willing to do what the employer requires. The only exception MIGHT be if the employee had a psychiatric issue recognized as a disability (i.e. extreme PTSD from having been raped). In that case, the employer would likely be required to "reasonably accommodate" the employee's disability. But even in this case, if there is no reasonable way for the employer to run its business while accommodating the employee's need to work only with other females, they could STILL be terminated. And again, this analysis only applies if the employee has a psychiatric disability justifying their inablity to work with the opposite sex. Here, you are simply talking about jealous spouses. That is absolutely not a "protected" reason for refusing job tasks involving the opposite sex.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

* Disclaimer *

Just Answer is a venue for informational and educational purposes only. No attorney-client relationship is formed by these communications.

Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,364
Experience: Significant experience in all areas of employment law.
Verified
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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